Ajay Chandrashekhar Kamulkar v. State Of Maharashtra

1 908.645.96 apeal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPEAL NO. 645 OF 1996 Ajay C. Kamulkar .....Appellant V/s.

The State of Maharashtra ....Respondent WITH CRIMINAL APPEAL NO. 646 OF 1996 Mahendra Shantaram Dhamnaskar ....Appellant V/s.

The State of Maharashtra ....Respondent Mr. S. R. Phansae appointed Advocate for Appellant in Appeal No. 645 of 1996 Mr. Ganesh Gole for Appellant in Appeal No. 646 of 1996 Mrs. A. A. Mane APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : MAY 3, 2016.

PC :

For the reasons to be recorded separately, following order is passed.

O R D E R

(i) Both appeals are partly allowed.

(ii) The conviction of the appellants for offence punishable under section 307 r/w 34 of Indian Penal Code recorded by Sessions Judge, Mumbai in ism

2 908.645.96 apeal Sessions Case No. 737 of 1993 vide Judgment and Order dated 17/10/1996 is hereby quashed and set aside.

(iii) Appellants are convicted for offence punishable under section 324 r/w 34 of Indian Penal Code and are sentenced to the period already undergone. (iv) Sentence of fine is maintained.

(v) Bail bonds of appellants stand cancelled.

(vi) Legal fees to be paid by the High Court Legal Services Committee to the appointed Advocate Shri. S. R. Phanase is quantified at 3000/-. (vii) Appeals stand disposed of.

(SMT. SADHANA S. JADHAV, J.) ism