Abhijit Hindurao Dubal v. The State Of Maharashtra

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1355 OF 2011 Pramod Bhimrao Bhosale ... Appellant (Original Accused No.4) V/s The State of Maharashtra Through Karad Police Station .... Respondent.

ALONGWITH CRIMINAL APPEAL NO.711 OF 2013 The State of Maharashtra .... Appellant V/s Sagar Balasaheb Dubal and Others ... Respondents.

ALONGWITH CRIMINAL APPEAL NO.1214 OF 2011 Mr. Yogesh Balasaheb Pawar .... Appellant.

(Original Accused No.2) V/s The State of Maharashtra (at the instance of Senior Inspector of Police Karad Taluka Police Station Dist. Satara) .... Respondent.

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ALONGWITH CRIMINAL APPEAL NO.1227 OF 2011 Sagar Balasaheb Dubal .... Appellant (Original Accused No.1) V/s The State of Maharashtra ....Respondent.

ALONGWITH CRIMINAL APPEAL NO.1327 OF 2011 Abhijit Hindurao Dubal .... Appellant (Original Accused No.3) V/s The State of Maharahstra .... Respondent.

Mr. M. K. Kocharekar, Advocate for the Appellant in Appeal No.1355/2011.

Mr. R.S. Deshpande i/b Mr. Mahesh Pawar, Advocate for the Appellant in Appeal No.1227/2011.

Mr. Vikas Kolekar, Advocate for the Appellant in Appeal No.1327 of 2011.

Mrs. S.S. Kaushik, APP for the Appellant/State in Appeal No.711/2013 and for the Respondents/State in other four appeals. CORAM: B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE: 2nd July, 2018 2/4

P.C.:- For the reasons separately recorded, the following order is passed :-

ORDER

(i) Criminal Appeal No.1355 of 2011 is dismissed.

(ii) Criminal Appeal No. 711 of 2013 is dismissed.

(iii) Criminal Appeal No. 1227 of 2011 of Appellant/Accused No.1 - Sagar Balasaheb Dubal is partly allowed. His conviction and sentence for the offence punishable under Section 3(1)(x) of SC and ST (Prevention of Atrocities) Act is quashed and set aside. However, his conviction under section 323 IPC is maintained and his sentence is reduced to the period of imprisonment already undergone.

(iv) Criminal Appeal No.1214 of 2011 of Appellant/Accused No.2 - Yogesh Balasaheb Pawar and Criminal Appeal No.1327 of 2011 of Appellant/Accused No.3 - Abhijit Hindurao 3/4

Dubal are partly allowed. Their conviction under Section 323 IPC is maintained.

However, their sentence is reduced to the period of imprisonment already undergone.

(v) Appellant/Accused No.1 - Sagar Balasaheb Dubal in Criminal Appeal No.1227 of 2011, Appellant/Accused No.2 - Yogesh Balasaheb Pawar in Criminal Appeal No.1214 of 2011 and Appellant/Accused No.3 - Abhijit Hindurao Dubal in Criminal Appeal No.1327 of 2011 are on bail. Their bail bonds shall stand cancelled.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) 4/4