Deepak Gulab Birajdar And Another v. The State Of Maharashtra

2024:BHC-AUG:1742-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.288 OF 2015 Gulab Rayappa Birajdar (Bhosale) Age 53 years, (Deepak Gulab Birajdar (Bhosale) Appellant Nos.2 & 4 Age 25 years, have filed separate Criminal Appeal District Osmanabad) No.719/2022 (Kannaya Basanna Mandale, Age 25 years, District Osmanabad) 4.

(Hari Alias Hariprasad Amruta Mandale, Age 27 years, District Osmanabad) 5.

(Dattatraya Tulshiram Firange, Appellant Nos.3, 5 & 7 Age 25 years, have filed separate Criminal Appeal District Osmanabad) No.841/2018 6.

(Uma Alias Opmprakash Manik Mandale Age 30 years, Appellant Nos.6, 9 & 10 District Osmanabad) have filed separate Criminal Appeal 7.

(Shrikrishan Bajirao Mandale, No.849/2022 Age 22 years, District Osmanabad) 8.

Avinash Mallinath Bhange, Age 27 years, 9.

(Dayanand Manik Mandale,

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Age 33 years, District Osmanabad) 10.

(Vitthal Hanmantraya Bora, Age 28 years, District Osmanabad) ... APPELLANTS (Orig. Accused Nos.1 to 10) S.D.P.O., Omerga Sub-Division Vijay s/o Vishwanath Kamble, Respondent No.2 Deceased, through his L.Rs.

added as per Court's order 2-1) dated 13/2/2023 Age 70 years, Occu. Housewife, 2-2) Mr. V.D. Sapkal, Senior Counsel with Mr. O.R. Waghule, Advocate for appellants No.1 & 8 CRIMINAL APPEAL NO.719 OF 2022 WITH CRIMINAL APPLICATION NO.3769 OF 2022 Deepak s/o Gulab Birajdar (Bhosale) Age 25 years, Occu. Nil, District Osmanabad.

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2) Hari @ Hariprasad s/o Amruta Mandale, Age 27 years, District Osmanabad.

...

APPELLANTS Mr. N.S. Ghankear, Advocate for appellants CRIMINAL APPEAL NO.849 OF 2022 Uma Alias Omprakash Manik Mandale, Age 37 years, 2) Dayanand Manik Mandale, age 40 years, 3) Vitthal Hanmantraya Bora Age 35 years, ...

APPELLANTS

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S.D.P.O., Omerga Sub-Division Mr. S.S. Thombre, Advocate for appellants CRIMINAL APPEAL NO.841 OF 2018 Kannaya Basanna Mandale, Age 27 years, Occu. Tailor, R/o Village Kothali, Tal. Omerga, 2) Dattatraya Tulshiram Firange, Age 27 years, Occu. Service as Driver, R/o as above.

3) Shrikrishan Bajirao Mandale, Age 25 years, Occu. Education, (At present the appellants are in Nashik Road Central Prison, Nashik, Taluka and District Nashik) ...

APPELLANTS

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Amol s/o Kashinath Kamble Mr. Rajendra Deshmukh, Senior Counsel with Mr. V.A. Chavan & D.R. Deshmukh, Advocates for appellants Mr. S.S. Birajdar, Advocate for respondent No.2 and 3 CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : JANUARY 25, 2024 OPERATIVE ORDER :- For the reasons recorded separately, following order is passed:- (i) Criminal Appeal Nos.719/2022 and 841/2018 are partly allowed to the extent of the appellants - Hari @ Hariprasad s/o Amruta Mandale and Dattatraya Tulshiram Firange. (ii) The order of conviction and sentence passed against appellant No.2 in Criminal Appeal No.719/2022 - Hari @

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Hariprasad s/o Amruta Mandale and appellant No.2 in Criminal Appeal No.841/2018 - Dattatraya Tulshiram Firange for the offences punishable under Sections 302, 307, 143, 148, 147 r/w. 149 of Indian Penal Code, by learned Additional Sessions Judge, Omerga in Sessions Case No.20/2012, dated 4/3/2015 is hereby set aside.

They are acquitted of the offences punishable under Sections 302, 307, 143, 148, 147 r/w. 149 of Indian Penal Code. They be set at liberty forthwith, if not required in any other case.

Fine amount, if paid, be refunded to them.

(iii) Criminal Appeal No.719/2022 filed by appellant No.1 - Deepak s/o Gulab Birajdar (Bhosale) and 841/2018 filed by appellant No.1 - Kannaya Basanna Mandale and appellant No.3 - Shrikrishan Bajirao Mandale stand dismissed.

(iv) Criminal Appeal No.288/2015 filed by appellant No.1 - Gulab Rayappa Birajdar (Bhosale) and appellant No.8 - Avinash Mallinath Bhange is dismissed.

(v) Criminal Appeal No.849/2022 is dismissed.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-