Shankar S/O. Harishchandra Gaikwad v. The State Of Maharashtra

2024:BHC-AUG:27249-DB OO-Cri Appeal No.804 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.804 OF 2019 AND CRIMINAL APPLICATION NO.407 OF 2023 Shankar s/o. Harishchandra Gaikwad, Age : 24 years, Occ. Labour, R.o. Lodga, Tq. Ausa, Dist. Latur ..Appellant Vs.

The Stare of Maharashtra ..Respondent ---- Mr.Sachin Panale, Advocate for appellant Mrs.S.N.Deshmukh, APP for respondent ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

RESERVED ON :

NOVEMBER 14, 2024 PRONOUNCED ON :

NOVEMBER 19, 2024 Operative Order :- For the reasons recorded separately, following order is passed:- (i) The appeal is allowed.

(ii) The impugned order dated 02.05.2019, passed by learned Addl. Sessions Judge, Latur, in Sessions case No.92 of 2016, convicting and sentencing the appellant for the offences punishable under Sections 302 and 201 of Indian Penal Code, is set aside. He is acquitted of the said offences.

OO-Cri Appeal No.804 of 2019 (iii) The appellant be released forthwith, if not required in any other case.

(iv) Fine amount paid by the appellant, if any, be refunded to him.

(v) In view of the above, Criminal Application No.407 of 2023 does not survive and stands disposed of.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP