Santosh Dashrath Sonawane @ ... vs The State Of Maharashtra
2022 Latest Caselaw 4190 Bom

                                                                                                    13-apeal-964.18, IA-3351.21.doc



                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                         CRIMINAL APPELLATE JURISDICTION
                                                         CRIMINAL APPEAL NO.964 OF 2018
                                                                      WITH
                                                       INTERIM APPLICATION NO.3351 OF 2021

                                     Santosh Dashrath Sonawane and Khandya                  ... Appellant
                                     V/s.
                                     The State of Maharashtra                               ... Respondent
                                                                     -------------------
                                     Ms. Rebecca Gonsalvez i/by Dr. Yug Mohit Chaudhry, Advocates for the
                                     Appellant.
                                     Ms. M.M. Deshmukh, APP for the Respondent - State.
                                                                    ---------------------
                                                                   CORAM : SMT. SADHANA S. JADHAV &
                                                                           MILIND N. JADHAV, JJ.
                                                                       DATE : 20th APRIL 2022.
                                     P.C.


                                    1.            For the reasons to be recorded separately, we pass the
                                    following order :-
                                                                        ORDER

(i) Appeal is partly allowed;

(ii) Conviction of the appellant recorded by the City Civil and

Sessions Judge, Greater Mumbai vide Judgment and Order

dated 21st April 2017 in Sessions Case No.805 of 2014

thereby convicting the appellant for the offence punishable

under section 302 of Indian Penal Code and sentencing him Digitally signed by PALLAVI MAHENDRA PALLAVI WARGAONKAR MAHENDRA

to undergo rigorous imprisonment for life is quashed and WARGAONKAR Date:

2022.04.20 17:37:30 +0530

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set aside;

(iii) Appellant is instead convicted for the offence punishable

under section 304(II) of IPC and is sentenced to the period

already undergone;

(iv) Fine amount is maintained;

(v) Appellant be released from jail forthwith, if not required in

any other offence;

(vi) Appeal is disposed of on above terms;

(vii) Since the appeal is disposed of, application seeking

suspension of sentence being Interim Application No.3351

of 2021 does not survive and the same is disposed of

accordingly.

      (MILIND N. JADHAV, J.)                 (SMT. SADHANA S. JADHAV, J.)




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