The State Of Maharashtra v. Deepak S/O. Manohar Thorat And ORS

{1} CRIMINAL APPEAL NO.367 OF 2016 The State of Maharashtra 01 Deepak s/o Manohar Thorat 02 Manohar s/o Tukaram Thorat 03 Sumitrabai w/o Manohar Thorat Mr.M.M.Nerlikar, A.P.P. for the appellant.

Leave to file an appeal is granted against original accused nos.1 and 2 - Respondents No.1 & 2 herein. There is no role attributed to original accused no.3 - Respondent No.3 in the alleged crime. Leave is refused to file appeal against accused no.3 - Respondent No.3 herein. Appeal is admitted as against accused nos.1 and 2 - Respondents No.1 & 2 herein.

{2} CRIMINAL APPEAL NO.865 OF 2015 Vilas s/o Tukaram Thorat 01 The State of Maharashtra;

02 Deepak s/o Manohar Thorat;

03 Manohar s/o Tukaram Thorat Mr.B.L.Dhas, advocate for the appellant.

Mr.M.M.Nerlikar, A.P.P. for Respondent No.1.

Mr.Y.K.Bobade, advocate for Respondents No.2 and 3. An Appeal bearing Criminal Appeal No.367/2016 filed by the State challenging acquittal of accused nos.1 and 2 for offence punishable under Section 307 read with Section 34 of the Indian Penal Code, is admitted, instant appeal presented by the complainant, is admitted to the extent of acquittal of accused nos.1 & 2 - respondents no.1 and 2 for offence punishable under Section 307 read with Section 34 of the Indian Penal Code. Leave is granted to the extent as specified above.

{3} CRIMINAL APPEAL NO.368 OF 2016 The State of Maharashtra 01 Deepak s/o Manohar Thorat 02 Manohar s/o Tukaram Thorat 03 Sumitrabai w/o Manohar Thorat Mr.M.M.Nerlikar, A.P.P. for the appellant.

Since an appeal bearing Criminal Appeal No.367 of 2016, presented by the State, raising objection to the acquittal of accused for offence punishable under Section 307 read with Section 34 of the Indian Penal Code is admitted as against original accused nos.1 and 2 - Respondents No.1 and 2 herein, instant appeal presented by the State, seeking enhancement in the sentence in respect of offence punishable under Section 326 read with Section 34 of I.P.C. does not deserve to be considered. Considering nature of the injuries, sentence imposed is appropriate and need not be interfered. Leave is refused to file an appeal.

Appeal is dismissed.