Deepak @ Anna Sitaram Kate v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 560 OF 2012 Deepak @ Anna Sitaram Kate ... Appellant

Versus

The State of Maharashtra ...

Respondent ALONG WITH CRIMINAL APPEAL NO.640 OF 2013 The State of Maharashtra ...

Appellant

Versus

Sitaram Sampat Kate and Anr.

...

Respondents ---- Mr. Chaitanya Pendse i/b Akshay Gosavi for the appellant in Appeal No.560/2012 and for respondent Nos.1 and 2 in Appeal No.640/2013. Mrs. M.H. Mhatre, APP for the Respondent in Appeal No.560/2012 and for the appellant in Appeal No.640/2013.

--- CORAM :

B.P. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE :

APRIL 30, 2019.

P.C.:

For the reasons separately recorded, the Criminal Appeal No.640/2013 is dismissed and Criminal Appeal No.560/2012 is allowed and the Appellant- Deepak @ Anna Sitaram Kate is given benefit of doubt and acquitted of charge punishable under section 302 of IPC and of charge under section 307 of IPC;

rsk 2/2 OP-J-APEAL-560-12-640-13.doc 2.

The judgment and order of his conviction dated 27/3/2012 in Sessions Case No.95/2010 passed by Extra Joint District Judge and Additional Sessions Judge, Baramati is hereby quashed and set aside; 3.

The appellant- Deepak @ Anna Sitaram Kate be set at liberty if his custody is not required by the State Government in any other matter; 4.

Muddemal property be dealt with as directed by the trial Court after the appeal period is over.

(PRAKASH D. NAIK, J.) (B.P. DHARMADHIKARI, J.)