Rajesh Mishra @ Mitra, Currently In Custody At Central Jail, Colvale, Thr. Savita Mukesh Mishra. v. The State Of Goa, Thr. Police Inspectior, Verna Police Station.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO. 58 OF 2016 RAJESH MISHRA @ MITRA, CURRENTLY IN CUSTODY AT CENTRAL JAIL, COLVALE, THR. SAVITA MUKESH MISHRA.

... Appellant

Versus

THE STATE OF GOA, THR. POLICE INSPECTIOR, VERNA POLICE STATION.

... Respondent Mr. Ryan Da Piedade Menezes, Advocate for the Appellant. Mr. S. R. Rivankar, Public Prosecutor for Respondent Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 30th November 2017 P.C.:

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

ORDER:

1. The Criminal appeal is allowed.

2. The conviction of the appellant for the offence punishable under section 302 of I.P.C is hereby set aside.

3. The appellant is acquitted of the offence punishable under

CRIA/58/2016 section 302 of I.P.C.

4. The appellant be set at liberty forthwith, if not required in connection with any other offence.

5. Fine, if paid shall be refunded.

6. The order regarding disposal of the property is hereby maintained.

PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.

ap/-