Prakash Gawas, Presently Lodged At Modern Central Jail Colvale. v. State As Rep. By The Officer In Charge, Bicholim Police Station And ANR.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NOS. 58/2015, 64/2015 & 38/2016 CRIMINAL APPEAL NO. 58/2015 WITH ANAND GAWAS, PRESENTLY IN CUSTODY AT CENTRAL JAIL COLVALE.

... Appellant

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STATE, THROUGH P.P. HIGH COURT OF BOMBAY AT PANAJI, GOA.

... Respondent CRIMINAL APPEAL NO. 64/2015 WITH JAYANTI GAWAS, PRESENTLY LODGED IN CUSTODY AT SADA JAIL VASCO., ... Appellant

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STATE, THROUGH P.P. HIGH COURT OF BOMBAY AT PANAJI, GOA.

... Respondent CRIMINAL APPEAL NO. 38/2016 PRAKASH GAWAS, PRESENTLY LODGED AT MODERN CENTRAL JAIL COLVALE ... Appellant

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STATE AS REP. BY THE OFFICER IN CHARGE BICHOLIM POLICE STATION & ANR.

... Respondents CORAM:- C.V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

DATE:- 8 th JANUARY, 2018.

OPERATIVE ORDER (i) Criminal Appeal Nos. 58/2015 and 64/2015, are hereby allowed.

(ii) The conviction and the consequent sentence awarded to the Appellant-Anand Gawas (accused no. 2) and the AppellantJayanti Gawas (accused no. 4), is hereby set aside.

(iii) The conviction and sentence awarded to the original accused no. 3 (Anandi Gawas), is also set aside. (iv) The Appellant-Anand Gawas (accused no. 2), the original accused no. 3 (Anandi Gawas) and the Appellant-Jayanti Gawas (accused no. 4), are acquitted of the offences punishable under Section 302, 304B and 498A of IPC.

(v) Bail Bonds of the Appellant-Anand Gawas stand cancelled. Fine if paid, be refunded.

(vi) Original accused no. 3 (Anandi Gawas) and the AppellantJayanti Gawas (accused no. 4) be set at liberty forthwith, if not required in connection with any other offence. (vii) Criminal Appeal No. 38/2016 is partly allowed. (viii) The conviction of the Appellant-Prakash Gawas (accused no. 1) for the offences punishable under Section 302 and 304B of IPC, is hereby set aside.

(ix) The Appellant-Prakash Gawas (accused no. 1), is hereby acquitted of the offences punishable under Section 302 and 304B of IPC.

(x) The conviction and sentence awarded to the AppellantPrakash Gawas (accused no. 1) for the offence punishable under Section 498A of IPC, is hereby confirmed. (xi) The Appellant-Prakash Gawas (accused no. 1) is in custody from 24.06.2011. In view of the fact that he has been sentenced to imprisonment for two years, he shall be set at liberty forthwith, subject to payment of fine, if not already paid and if not required in connection with any other offence. (xii) The order as regards disposal of the property is hereby maintained.

PRITHVIRAJ K. CHAVAN, J.

C.V. BHADANG, J.

EV