Ashok Manga Chavan And 2 ORS v. State Of Maharashtra Thr. Police Station Officer

2909apeal156.13 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.156 OF 2013 (Ashok Manga Chavan and others vs. State of Maharashtra) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri A.M. Gedam, Advocate h/f Shri O.D. Kakde, Advocate for appellants.

Smt. K. Deshpande, Additional Public Prosecutor for respondent.

---------- CORAM : P.N. DESHMUKH, J.

DATED : SEPTEMBER 29, 2015 Heard Shri Gedam, learned Counsel for appellants, who has prayed for grant of permission to withdraw the appeal as appellants have already undergone sentence.

I have perused the impugned judgment vide which all the appellants/accused were acquitted of the offence punishable under Section 302 read with Section 34 of Indian Penal Code, accused no.3 was convicted for the offence punishable under Section 304 of Indian Penal Code and sentenced to

2909apeal156.13 2/2 suffer rigorous imprisonment for six years and to pay compensation of Rs.20,000/- and accused nos. 1 to 3 were convicted for the offence punishable under Section 323 read with Section 34 of Indian Penal Code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1000/- each and in default, to suffer simple imprisonment for one month.

Shri Gedam, learned Counsel for appellants, makes a statement at bar that amount of compensation and fine is paid by appellants and they have already undergone the sentence imposed on them. It is, therefore, prayed that appeal may be allowed to be withdrawn as infructuous.

For the reasons stated above, appeal is allowed to be withdrawn and stands disposed of as dismissed. Criminal Application No.588/2014 for suspension of sentence stands disposed of as infructuous.

JUDGE khj