Santosh Sakharam Kamble And Anr vs State Of Maharashtra
2023 Latest Caselaw 11785 Bom

Bombay High Court

Santosh Sakharam Kamble And Anr vs State Of Maharashtra on 28 November, 2023

Author: Nitin B. Suryawanshi

Bench: Nitin B. Suryawanshi

2023:BHC-AS:35464


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                                                                                       1.APEAL.470.2023.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO.470 OF 2023
                                                 WITH
                                  INTERIM APPLICATION NO.3309 OF 2023
                                                   IN
                                    CRIMINAL APPEAL NO.470 OF 2023

             1.        Santosh Sakharam Kamble                                  )
                       Age: 45 years, Occ: Service                              )
                       R/at: Palu (Buddhawadi), Tal: Lanja                      )
                       Dist. Ratanagiri                                         )
                       Presently lodged in Ratnagiri Prison,                    )
                       Ratnagiri                                                )

             2.        Milind Devaji Kamble                                     )
                       Age: 47 years, Occ: Service                              )
                       R/at: Palu (Buddhawadi), Tal: Lanja                      )
                       Dist. Ratanagiri                                         )
                       Presently lodged in Ratnagiri Prison,                    )
                       Ratnagiri                                                )       ...Appellants

                       Versus

             The State of Maharashtra                                           )
             at the instance of Inspector of Police,                            )
             Lanja Police Station, Tal: Lanja                                   )
             Dist. Ratnagiri                                                    )     ...Respondent

             Mr. Prashant Pawar a/w Mr. Amit Diwale for the Appellants.
             Mr. A. R. Patil, APP for Respondent-State.


                                                  CORAM :   NITIN B. SURYAWANSHI, J.

DATED : 28TH NOVEMBER, 2023

P.C.:

1. Exhibit-29 - a suicide note is kept in sealed envelope. During the

hearing of the Appeal same is opened in the Court.

1.APEAL.470.2023.doc

2. For the reasons recorded separately the Appeal is allowed.

3. The impugned judgment and order dated 13/03/2023 passed by

learned Additional Sessions Judge, Ratnagiri in Sessions Case No. 40 of

2021 thereby convicting the Appellants u/s. 306 and 506 r/w. 34 of IPC

is hereby quashed and set aside.

4. Applicant No. 1 - Santosh Sakharam Kamble and Applicant No. 2 -

Milind Devaji Kamble are acquitted of all the charges.

5. Applicant No. 1 - Santosh Sakharam Kamble and Applicant No. 2 -

Milind Devaji Kamble be released forthwith, if not required in any other

case.

6. Both the Applicants shall execute personal bond of Rs.15,000/-

each with one or more sureties in the like amount, in terms of Section

437-A of the Code of Criminal Procedure.

7. The Interim Application also stands disposed of.

(NITIN B. SURYAWANSHI, J.)