1
             In The High Court Of Judicature At Bombay
                       Nagpur Bench : Nagpur




                                                                  
               Criminal Writ Petition No.293 of 2002




                                          
     1.   Smt. Amrutabai widow of Kalya
          alias Shama Ukey,
          aged 35 years,




                                         
          occupation - Labourer,
          resident of Sanjay Nagar,
          Zopad Patti,
          Govindpur,
          Gondia.




                              
     2.   Ku. Sunita daughter of Shama
          Ukey, aged 16 years,
                   
          occupation - Student Vii Std.

     3.   Ku. Anita daughter of Shama
                  
          Ukey, aged 14 years,
          occupation - Student
          VIIth Std.

     4.   Ravi son of Shama Ukey,
          aged 12 years,
      

          occupation - Student,
          VIth Std.
   



     5.   Ku. Sarita daughter of Shama
          Ukey, aged 9 years,
          occupation - Student
          IVth Std.





     6.   Ku. Sharda daughter of Shama
          Ukey, aged 7½ years,
          occupation Student IInd Std.

          All residents of Sanjay Nagar





          [Zopad Patti],
          Govindpur, Gondia City.
          Nos.2 to 6 minors,
          through guardian no.1 of Nos.2 to 6,
          Distt. Gondia,
          Maharashtra.                   ....            Petitioners.


                              Versus




                                          
                                     2

     1.   State of Maharashtra




                                                                   
          [P.S. Gondia City.].

     2.   Manik Sitaram Jibhkate,




                                           
          aged 50 years,
          Police Sub-Inspector,
          C/o Gondia City P.S.

     3.   Ravindra s/o Maharaji Aglave,




                                          
          aged 43 years,
          Police Constable, Buckle
          No. 915, C/o Gondia
          City P.S.

     4.   Manohar s/o Rajaram Bawankar,




                                
          aged 45 years,
          Police Constable, Buckle
          No. 409, 
          C/o Gondia City P.S.

     5.   Hansraj Maroti Vaidya,
                  
          aged 42 years,
          Police Constable, Buckle
          No. 1301, C/o Gondia City
          P.S.
      

     6.   Vishnu son of Vithalji
          Malewar, aged 32 years,
          Police Constale, Buckle
   



          No. 735,
          C/o Gondia City, P.S.
          Gondia.

     7.   Vivshnath s/o Motiram





          Gosewade,
          aged 47 years,
          Head Constable,
          Buckle No.997, C/o
          Gondia City Police Station
          Gondia.





     8.   Dilip son of Haribhau Dongre,
          Police Constable,
          Buckle No. 91,
          C/o Gondia City Police,
          Gondia.

          Nos. 2 to 8 are employees of
          No.1 and their present address




                                           
                                   3
          cannot be given as they might
          be dismissed. However, they are




                                                                      
          appellants in Criminal Appeal
          against conviction in Sessions Trial
          No. 21/96 [State Vs.Manikrao




                                              
          and others] judgment dt: 7-2-1997
          by Additional Sessions Judge,
          Gondia.                        ....                Respondents.

                                *****




                                             
     Mr. Nikhil Joshi, Adv. [appointed] as Amicus Curiae.

     Mr. R.S. Nayak,      Additional     Public         Prosecutor            for
     respondent no.1.




                               
     Mr. S.N. Mardikar, Adv., for respondent no.2.
                   
     Mr. R.N. Badhe, Adv., for respondent nos. 4,6,7 and 8.

     Mr. Junai Ahmed, Adv., for respondent Nos. 3 and 5
     [absent].
                  
                           *****

                                 Coram    :     A.H. Joshi And
                                                U.V. Bakre,Jj.
                          Reserved on     :      13th June, 2011.

                        Pronounced on     :      5th August, 2011.
   



 Oral Judgment