Suresh S/O Sominath Pawar vs The State Of Maharashtra
2023 Latest Caselaw 7148 Bom

                                                             914-CriAppeal-513-2016+
                                             -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  914 CRIMINAL APPEAL NO. 513 OF 2016
                WITH APPLN/1148/2018 IN APEAL/513/2016

 Suresh s/o Sominath Pawar,
 Age 25 years, Occ. Agril,
 R/o. Yesgaon, Tq. Gangapur,
 District Aurangabad.                                           ... Appellant

          Versus

 The State of Maharashtra                                       ... Respondent
                                     .....
       Advocate for Appellant : Mr. Satej S. Jadhav h/f Mr. M. A. Karad
              APP for Respondent-State : Mr. A. V. Deshmukh
                                     .....

                               CORAM : SMT. VIBHA KANKANWADI AND
                                       ABHAY S. WAGHWASE, JJ.

                               DATED :     18 JULY 2023

 PER COURT :-

For the reasons to be recorded separately, the following order is

passed:

OPERATIVE ORDER

I. The appeal stands allowed.

II. The conviction and sentence awarded to the appellant Suresh

s/o Sominath Pawar in Sessions Case No. 102 of 2014 by learned

Additional Sessions Judge, Vaijapur, District Aurangabad on

914-CriAppeal-513-2016+

10.08.2016 for the offence under Sections 302 and 201 of IPC stands

quashed and set aside.

III. The appellant stands acquitted of the offence under Sections

302 and 201 of IPC.

IV. The appellant be set at liberty if not required in any other case.

V. Fine amount deposited, if any, be refunded to the appellant

after the statutory period is over.

VI. As regards the muddemal is concerned, there is no change in

the order as regards disposal of mobile phones those have been seized

and the other muddemal which was worthless. However, as regards

disposal of knife is concerned, as per Chapter VI para 81 of the

Criminal Manual, the said knife be confiscated and be sent to District

Magistrate for its disposal in stead of destroying it as directed in

clause (6) of the operative order of the impugned judgment.

VII. The appeal is accordingly disposed off.

914-CriAppeal-513-2016+

VIII. In view of disposal of the appeal, nothing survives for

consideration in Criminal Application No. 1148 of 2018 and the same

stands disposed off.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

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