Rahul Mohan Kakade And Anr vs The State Of Maharashtra And ...
2021 Latest Caselaw 10151 Bom

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO.1002 OF 2021
                                    IN
                   CRIMINAL APPEAL NO.236 OF 2021
     (Rahul Mohan Kakade and another Vs. The State of Maharashtra and
                                 another)
                                  WITH
                   CRIMINAL APPEAL NO.236 OF 2021
                                   AND
                   CRIMINAL APPEAL NO.204 OF 2021
        (Najim Jabbar Syed Vs. The State of Maharashtra and others)

                                      ----
Mr. Govind Kulkarni, Advocate holding for Mr. Devang R. Deshmukh,
Advocate for the applicant
Mr. V.D. Gunale, Advocate for the appellant in Cri. Appeal No.204/2021
Mr. S.N. Morampalle, A.P.P. for the respondent/State
                                      ----

                                     CORAM :    MANGESH S. PATIL, J.

DATE : 02.08.2021

PER COURT :

It appears that these appeals impugn the selfsame judgment

whereby some of the accused have been convicted for the offence

punishable under Section 304 (Part-I) of the IPC instead of Section 302 of

the IPC; however, simultaneously, the original informant has also

impugned the judgment and order acquitting some of the accused of the

offence punishable under Section 302 of the IPC.

2. In view of the Bombay High Court Appellate Side Rules

2 CRIAPLN1002-2021

Chapter-I, the appeal against acquittal would lie to a Division Bench.

Consequently, even the appeal by some of the accused against conviction

would have to be heard together with the appeal against acquittal, by the

Division Bench.

3. The office to examine and place the matters before the

appropriate Court.

[MANGESH S. PATIL] JUDGE

npj/CRIAPLN1002-2021