Navnath Baburao Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.605 OF 2020 WITH CRIMINAL APPLICATION NO. 38 OF 2025 Amol s/o Madan Kaste Age - 37 years, Occu - Labour / Agri.

R/o. Pachegaon, Tq. Georai, Dist. Beed .... Appellant

Versus

1] The State of Maharashtra Through Police Station Georai, Dist. Beed.

2] ABC Age - 33 yrs., Occu: Household, C/o Santosh Arvind Patil, R/o Pachegaon, Tq. Georai, Dist. Beed.

.... Respondents ....

WITH CRIMINAL APPEAL NO.630 OF 2020 Navnath S/o Baburao Jadhav Age - 28 years, Occu. Service [Now in Jail] R/o Vasantnagar Tanda, Pachegaon, Tq. Gevrai, Dist. Beed.

... Appellants

Versus

1] The State of Maharashtra Through Police Inspector, Georai Police Station,Tq. Georai, Dist. Beed. 2] ABC Age - 33, Occu: Household, C/o Santosh Arvind Patil R/o - Pachegaon, Tq. Georai, Dist. Beed. ... Respondents ....

WITH CRIMINAL APPEAL NO. 669 OF 2020 WITH CRIMINAL APPLICATION NO.37 OF 2025 1/4

Jija s/o Lalsing Rathod, Age - 35 years, Occu: Driver, R/o - Jairam Tanda, Pachegaon, Tq. Georai, Dist. Beed.

... Appellant

Versus

1] The State of Maharashtra 2] ABC Age - 33, Occu: Household, C/o Santosh Arvind Patil R/o - Pachegaon, Tq. Georai, Dist. Beed. ... Respondents ....

WITH CRIMINAL APPEAL NO.671 OF 2020 Kundlik S/o Bansi Rathod, Age - 29 years, Occu - Education, R/o - Kharadi @ Aurangpur Tanda, Now Nipani Jawalka Tq. Georai,Dist. Beed.

[At present the Appellant is in Beed Dist. Prison, Division - 2, Beed, Tq. & Dist. Beed] ... Appellant

Versus

1] The State of Maharashtra Through the Police Station Officer, Georai Police Station Tq. Georai, Dist. Beed.

2] ABC Age - 33, Occu: Housewife, C/o Santosh Arvind Patil R/o - Pachegaon, Tq. Georai, Dist. Beed.

... Respondents Appearance :- Mr. Sudarshan J. Salunke, Advocate for the Appellants in Criminal Appeal No.605/2020 and Criminal Appeal No.669/2020 Mr. Pralhad C. Bagure holding for Mr. Vinod N. Rathod, 2/4

Advocate for Appellant in Criminal Appeal No.630/2020 Mr. Sandip P. Rathod, Advocate for Appellant in Criminal Appeal No.671/2020 Mrs. S. N. Deshmukh, APP for the Respondents - State in All Appeals Mr. Mahesh S. Bhosle, Advocate for Respondent No.2 in All Appeals CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

Reserved On : 05/02/2025 Pronounced On : 21/02/2025 OPERATIVE ORDER [PER NEERAJ P. DHOTE, J. ] .

For the reasons to be recorded separately, the following order is passed :

ORDER

[I] The Appeals are allowed.

[II] The conviction and sentence awarded by the learned Trial Court against the Appellants for the offence punishable under Sections 376[D], 366 read with Section 34, 458 read with Section 34, 324 read with Section 34, 394 and Section 506 read with Section 34 of I.P.C., is quashed and set aside.

[III] The Appellants are acquitted for the offence punishable under Sections 376[D], 366 read with Section 34, 458 read with Section 34, 324 read with Section 34, 394 and Section 506 read with Section 34 of I.P.C.

[IV] The Appellant - Navnath Baburao Jadhav is on bail. His Bail Bond stands cancelled and he is set at liberty. 3/4

[V] The Appellants - Jija Lalsing Rathod, Amol Madan Kaste and Kundlik Bansi Rathod are behind bars. They be released forthwith, if not required in any other offence.

[VI] The fine amount, if paid by the Appellants pursuant to the Judgment and Order of learned Trial Court, be refunded to them.

[VII] The Record and Proceedings be sent back to the learned Trial Court.

[VIII] In view of the disposal of Appeals, the Criminal Applications are also disposed of.

[NEERAJ P. DHOTE, J.] [R. G. AVACHAT, J.] Sameer Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 21/02/2025 15:50:15 4/4