Vijay Alias Viju Ramesh Ippar v. The State Of Maharashtra

apeal115-1101a.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.115 OF 2016 Vijay @ Viju Ramesh Ippar ...Appellant vs.

State of Maharashtra (through City Police Station Manmad, Taluka Nandgaon, Dist. Nashik

...Respondent

ALONG WITH CRIMINAL APPEAL NO.1101 OF 2015 Dyaneshwar @ Pintu Vasant Jadhav ...Appellant vs.

State of Maharashtra

...Respondent

Mr.Harshad E. Palwe I/b Mr.Chetan S. Damre for the Appellant in Appeal No.115 of 2016 and for applicant in 114/2018 Mr.Indrajeet Joshi for the appellant in Appeal No.1101/2015 Ms P.P.Shinde, APP for the respondent-State CORAM : A.S.OKA, & A.S.GADKARI, JJ.

DATE : FEBRUARY 26, 2019 OPERATIVE ORDER .

For the reasons separately recorded in the Judgment dictated in open Court, we pass the following order:

(I) The impugned Judgment and Order dated 19th October 2015 passed by the learned Additional Sessions Judge, Malegaon, District Nashik in Sessions Case No.59 of 2011 is hereby quashed

apeal115-1101a.doc and set aside to the extent to which accused No.1-Vijay @ Viju Ramesh Ippar and accused No.2-Dyaneshwar @ Pintu Vasant Jadhav were convicted for the offences punishable under section 302 read with section 34 and section 201 read with section 34 of the Indian Penal Code;

(II) Consequential direction regarding payment of compensation is also set aside;

(III) The directions issued under the impugned order regarding the Muddemal Articles stand confirmed;

(IV) Appeals are allowed accordingly. Pending Criminal Application No.114 of 2018 does not survive and the same is disposed of;

(V) The appellant-accused No.1-Vijay @ Viju Ramesh Ippar and accused No.2-Dyaneshwar @ Pintu Vasant Jadhav shall be immediately set at liberty unless they are required in connection with any other offence;

(VI) All concerned to act upon an authenticated copy of this operative part of the Judgment and order.

(A.S.GADKARI,J.) (A.S.OKA,J.)