Nishant Nandu Kamble And Ors vs The State Of Maharashtra
2022 Latest Caselaw 1849 Bom

                                                                                             2.APEAL470.2016.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                       CRIMINAL APPEAL NO. 470 OF 2016
                   Nishant Nandu Kamble & ors.                             ... Appellants.
                   V/s.
                   State of Maharashtra                                    ... Respondent.
                   Ms. Rebecca Gonsalvez i/b. Dr. Yug Mohit Chaudhary, advocate for
                   appellant Nos. 1 to 3.
                   Ms. Veera Shinde, APP for State.
                                                   ---------------------
          Digitally
                                    CORAM : SMT. SADHANA S. JADHAV &
                                            PRITHVIRAJ K. CHAVAN, JJ.
          signed by
          ARUNA S
ARUNA S   TALWALKAR
TALWALKAR Date:
          2022.02.23

                                      DATE : FEBRUARY 23, 2022.
          15:01:14
          +0530




                  P.C.
                  1                 For the reasons to be recorded separately, following
                  operative order is passed :


                                                       ORDER

(I) The Criminal Appeal is partly allowed.

(II) The conviction and sentence imposed upon the appellants for the offence punishable under section 302 read with section 34 of the Indian Penal Code vide Judgment and Order dated 16/6/2016 passed by Additional Sessions Judge, Kolhapur in Sessions Case No. 46 of 2013 is hereby quashed and set aside.

                        Talwalkar                                                                      1 of 2
                                                                 2.APEAL470.2016.doc



(III)          The Accused/Appellant No. 1 Nishant Nandu Kamble is

hereby convicted for the offence punishsable under section 326 of the Indian Penal Code and sentenced to the period already undergone. The sentence of fine is maintained.

(IV) The accused/Appellant Nos. 2 and 3 are acquitted of all the charges levelled against them. Fine if any paid, be refunded.

(V) The accused/appellants be released forthwith, if not required in any other offence.

(VI) The appeal stands disposed of on the above terms.

   (PRITHVIRAJ K. CHAVAN, J)         (SMT. SADHANA S. JADHAV, J)




   Talwalkar                                                              2 of 2