Rafique Mehmood Pathan vs The State Of Maharashtra
2022 Latest Caselaw 11571 Bom

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

               14 CRIMINAL APPEAL NO.248 OF 2019

                       HEMANT GOPICHAND PATIL
                                VERSUS
                      THE STATE OF MAHARASHTRA

                            WITH
                CRIMINAL APPEAL NO. 320 OF 2019

                       RAFIQUE MEHMOOD PATHAN
                                VERSUS
                      THE STATE OF MAHARASHTRA

Mr. S. P. Bramhe, Advocate h/f Mr. P. C. Mayure, Advocate
for the appellant in Criminal Appeal No. 248 of 2019
Mr. Masood Chand Syed, Advocate for the appellant in
Criminal Appeal No. 320 of 2019
Mr. R. V. Dasalkar, APP for the respondent/State

                                        CORAM : R. G. AVACHAT &
                                                 R. M. JOSHI, JJ.

DATED : 14th NOVEMBER, 2022

OPERATIVE ORDER :-

For the reasons to be recorded separately

following order is passed.

(i) Criminal Appeal No. 248 of 2019 and Criminal Appeal

No. 320 of 2019 are allowed.

(ii) The impugned judgment of conviction and order of

sentence dated 27/02/2019 passed by learned Sessions

criappeal248.19.odt 1 of 2

Judge, Dhule, in Sessions Case No. 200 of 2013 for the

offences punishable under Sections 302, 201 read with

Section 34 of the Indian Penal Code, is set aside.

(iii) The appellants are acquitted for the offences

punishable under Sections 302, 201 read with Section 34 of

the Indian Penal Code.

(iv) The appellants be released forthwith, if not required in

any other case.

(v) Fine amount deposited by the appellants, if any, be

refunded to them.

(R. M. JOSHI, J.)                                   (R. G. AVACHAT, J.)


ssp




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