Bombay High Court
Balshiram Bhagaji Wafare And Others vs The State Of Maharashtra on 18 January, 2024
Author: R.G.Avachat
Bench: R.G.Avachat
2024:BHC-AUG:1000-DB
OERATIVE ORDER-Cri. Appeal No.360 of 2017 and others.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.360 OF 2017
1. Balshiram Bhagaji Wafare,
Age : 43 years,
2. Bhagaji Shivram Wafare, - (abated)
Age : 84 years,
(Appeal abated against appellant no.2
vide order dated 19.12.2023)
3. Dnyandeo Sonyabapu Wafare, - (deleted)
Age : 37 years,
4. Santosh Kisan Wafare - (deleted)
Age : 33 years,
(Names of appellant nos.3 andto 4 deleted
as per court's order dated 16.03.2023)
5. Nandabai Balshiram Wafare,
Age : 40 years,
Both r/o. Wafarewadi,
Post Karjule Harya, Tq. Parner,
Dist. Ahmednagar ..Appellants
Vs.
The State of Maharashtra,
Through Police Station Officer,
Parner Police Station,
Tq.Parner, Dist. Ahmednagar ..Respondents
WITH
CRIMINAL APPEAL NO.16 OF 2024
Dnyandev s/o. Sonyabapu Wafare,
Age : 42 years, Occ. Nil,
r/o. Wafarewadi, Post Karjule Hariya,
Tq. Parner, Dist. Ahmednagar ..Appellant
Vs.
The State of Maharashtra ..Respondent
2 OERATIVE ORDER-Cri. Appeal No.360 of 2017 and
others
WITH
CRIMINAL APPEAL NO.256 OF 2023
Santosh s/o. Kisan Wafare,
Age : 38 years, Occ. Agri.,
r/o. Wafarewadi, Post KarjuleHarya,
Tq. Parner, Dist. Ahmednagar ..Appellant
Vs.
The State of Maharashtra,
Through Police Station Officer,
Parner Police Station,
Tq. Parner, Dist. Ahmednagar ..Respondent
----
Mr.Nilesh S. Ghanekar, Advocate for appellants in Cri. Appeal No.360
of 2017
Mr.N.B.Narwade, Advocate for appellant in Cri. Appeal No.16 of 2024
Mr.S.R.Sapkal, Advocate for appellant in Cri. Appeal No.256 of 2023
Mr.S.D.Ghayal, APP for respondent - State in all appeals
----
CORAM : R.G.AVACHAT AND
NEERAJ P. DHOTE, JJ.
ORDER :
JANUARY 18, 2024
OPERATIVE ORDER :-
For the reasons recorded separately, following order is
passed :-
(i) The appeals are partly allowed.
(ii) The judgment and order dated 01.08.2017 passed by
learned Addl. Sessions Judge, Ahmednagar, in Sessions Case No.26
3 OERATIVE ORDER-Cri. Appeal No.360 of 2017 and
others
of 2007, to the extent of convicting and sentencing the appellants for
the offence punishable under Section 302 read with Section 149 of
Indian Penal Code, is set aside.
Instead, the appellants are convicted for the offence
punishable under Section 304 Part II read with Section 149 of Indian
Penal Code.
(iii) The appellant - Balshiram Bhagaji Wafare is sentenced to
suffer rigorous imprisonment for nine years and to pay a fine of
Rs.5,000/- each, in default, to suffer rigorous imprisonment for three
months, for the offence punishable under Section 304 Part II read
with Section 149 of Indian Penal Code.
(iv) The appellants - Dnyandev s/o. Sonyabapu Wafare and
Santosh s/o. Kisan Wafare are sentenced to suffer rigorous
imprisonment for six years and to pay a fine of Rs.5,000/- each, in
default, to suffer rigorous imprisonment for three months, for the
offence punishable under Section 304 Part II read with Section 149 of
Indian Penal Code.
(v) The appellant - Nandabai is directed to suffer rigorous
imprisonment for the period, which she has already undergone, and
to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment
4 OERATIVE ORDER-Cri. Appeal No.360 of 2017 and
others
for three months, for the offence punishable under Section 304 Part II
read with Section 149 of Indian Penal Code.
(vi) The appellant - Nandabai need not surrender back to jail.
(vii) The appellants - Dnyandev s/o. Sonyabapu Wafare and
Santosh s/o. Kisan Wafare be released forthwith, if not required in
any other case.
(viii) Rest of the judgment and order dated 01.08.2017 passed
by learned Addl. Sessions Judge, Ahmednagar, in Sessions Case
No.26 of 2007, to stand unaltered.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
KBP
