[Cites 12, Cited by 0]
Bombay High Court
Ranjitsing Bhagatsing Patil And Anr vs State Of Mah on 16 December, 2025
2025:BHC-AUG:35327
*1* apeal691o05 ACQ 306 498A
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.691 OF 2005
1. Ranjitsing s/o Bhagatsing Patil,
Age : 24 years, Occ : Labour,
R/o Ranjani, Tq. Jamner,
Dist. Jalgaon.
2. Bhagatsingh Shankar Patil.
Since died, the appeal is abated
as per ordeer dated 01.07.2016.
...Appellants/ accused 1 and 2
- Versus -
The State of Maharashtra.
...Respondent/ State.
...
Shri Prakash B. Patil, advocate for the appellants.
Shri V.M. Lomte, APP for the respondent/ State.
Shri Dushyant S. Bhapkar, advocate for the intervenor.
...
WITH
CRIMINAL APPLICATION NO.4621 OF 2023
IN
CRIMINAL APPEAL NO.691 OF 2005
Vasantsing Pralhadsing Patil,
Age : 63 years, Occ : Agri,
R/o Wakadi, Tq. Jamner,
Dist. Jalgaon.
...Applicant/ Intervenor
- versus -
1. Ranjitsing Bhagatsing Patil,
Age : 48 years, Occu : Agril,
R/o Rajni, Tq. Jamner,
Dist. Jalgaon.
*2* apeal691o05 ACQ 306 498A
2. Bhagatsing Shankar Patil (died).
Appeal abated as per order
dated 01.07.2016.
3. The State of Maharashtra.
...Respondents
...
Shri Dushyant S. Bhapkar, advocate for the applicant/ intervenor.
Shri Prakash B. Patil, advocate for the appellants.
Shri V.M. Lomte, APP for the respondent/ State.
...
CORAM : SUSHIL M. GHODESWAR, J.
Reserved on : 26 November 2025
Pronounced on : 16 December 2025
JUDGMENT :
-
1. Heard.
2. For the reasons stated in Criminal Application
No.4621/2023, same is allowed and the applicant is permitted to
assist the Public Prosecutor during the course of hearing of the
appeal.
3. By this appeal filed under Section 374(2) of the
Code of Criminal Procedure (for short, 'the CrPC'), the appellant
No.1/ accused No.1 challenges the judgment and order dated
28.09.2005 passed by the learned 4th Ad hoc Additional Sessions
Judge, Jalgaon, in Sessions Case No.50/2005, operative part of
*3* apeal691o05 ACQ 306 498A
which is as under:-
"The accused No. 1 Ranjitsing Bhagatsing and
accused No. 2 Bhagatsing are convicted under section
235(2) of the Code of Criminal Procedure, of the
offence punishable u/s 498-A, 306 r/w S 34 of the
Indian Penal Code.
The accused No.1 Ranjitsing is sentenced to
suffer rigorous imprisonment for 2 years and to pay a
fine of Rs. 2000 in default of payment of fine to suffer
rigorous imprisonment for 3 months so far as offence
punishable u/s 498-A r. w. 34 of IPC is concerned.
The accused No.1 Ranjitsing is further sentenced
to suffer rigorous imprisonment for 5 years, and to pay
a fine of Rs. 3000/- in default of payment of fine, to
suffer rigorous imprisonment for six months for the
offence punishable u/s 306 r/w 34 of IPC.
The accused No.2 Bhagatsing, is sentenced to
suffer rigorous imprisonment for 2 years and to pay a
fine of Rs. 2000 in default of payment of fine to suffer
rigorous imprisonment for 3 months so far as offence
punishable u/s 498-A r. w. 34 is concerned.
The accused No.2 Bhagatsing is further
sentenced to suffer rigorous imprisonment for 5 years,
and to pay a fine of Rs. 3000/- in default of payment of
fine, to suffer rigorous imprisonment for six months
for the offence punishable u/s 306 r/w 34 of IPC.
The substantive sentences imposed on both the
accused persons shall run concurrently.
The accused Nos 1 and 2 shall surrender to their
bail bonds.
Accused Nos.3 Shakuntala bai, No.4 Kiran and
No. 5 Munni @ Vaishali are hereby acquitted of the
offence punishable u/s 498-A, 306 r/w 34 of Indian
Penal Code. Their bail bonds stand cancelled.
The seized property being worthless be
destroyed after the period of appeal is over."
4. The brief facts leading to filing of the present appeal
*4* apeal691o05 ACQ 306 498A
are as under:
(a) The prosecution case is that in all five accused were
prosecuted for the offences punishable under Sections 498-A and
306 read with 34 of the Indian Penal Code, on the allegation that
they subjected deceased Varsha, wife of accused No.1 Ranjitsing,
to cruelty and harassment, due to which she committed suicide.
The complainant PW-1 (Vasantsing Patil), who is father of
deceased Varsha, lodged FIR No.13/2005 on 21.01.2005 alleging
that the deceased Varsha had married accused No.1 (Ranjitsing)
on 01.04.2002 and thereafter, resided with him and his family at
village Ranjani, Taluka Jamner, District Jalgaon. Accused Nos.2
and 3 are the parents of accused No.1, while accused Nos.4 and 5
are his sisters.
(b) Soon after the marriage, Varsha was allegedly being
harassed by the accused on different counts, namely, that she did
not have experience of agricultural work, she is black in
complexion, and for not bringing sufficient money from her
parental home. She was allegedly subjected to humiliation,
abuse, and assault. It is further alleged that the accused
demanded money from Varsha's parents on multiple occasions on
*5* apeal691o05 ACQ 306 498A
account of medical expenses during her pregnancy, Rs.25,000/-
for purchase of motorcycle, and subsequently for Rs.50,000/- for
purchase of thresher. On some occasions, Varsha reportedly
returned to her parental home narrating such ill-treatment, and at
times, the accused allegedly refused to keep her unless their
demands were fulfilled.
(c) On 22.05.2003, Varsha was hospitalized at Jalgaon
due to vomiting and giddiness. She informed her parents that the
accused were harassing her and making monetary demands. After
delivery of a son, Varsha stayed with her parents for about 11
months, during which none of the accused allegedly visited her.
It is alleged that after the death of grandmother of accused No.1,
Varsha was taken back to her matrimonial home, but only after
her father paid Rs.25,000/-. It is alleged that after the death of the
complainant's wife on 05.11.2004, Varsha told that there is again
demand of Rs.50,000/- from the accused persons and she was
allegedly threatened not to come back unless and until the said
demand is fulfilled.
(d) On 21.01.2005, the complainant (PW-1) received
information through PW-6 (Ghansham) that Varsha had fallen
seriously ill and, therefore, the accused wanted to shift her to the
*6* apeal691o05 ACQ 306 498A
hospital at Jalgaon. Therefore, the complainant (PW-1) along
with his brother Keshav Patil and other relatives proceeded
towards Jalgaon. However, when they were on way to Jalgaon,
they received a telephonic call that Varsha was taken to Jamner
and was admitted in the Government Rural Hospital at Jamner.
When the complainant (PW-1) and others reached the
Government Rural Hospital at Jamner, Varsha was found dead.
(e) Thereafter, an inquest panchanama was conducted
and the body was sent for post-mortem. As the death appeared
suspicious, viscera was preserved and sent for chemical analysis.
Thereafter, the dead body was handed over to PW-1 complainant
and the funeral took place.
(f) On 21.01.2005, the complainant lodged the FIR
alleging that due to ill treatment at the hands of the accused,
Varsha committed suicide by consuming poisonous substance.
5. After completion of investigation, the charge-sheet
was filed. Since offences were triable by the Sessions Court, the
case was committed to the Sessions Court. The learned
Additional Sessions Judge framed charge at exhibit 9 against the
accused persons for offences punishable under Sections 498-A,
*7* apeal691o05 ACQ 306 498A
306 and 34 of the Indian Penal Code. The accused pleaded not
guilty and claimed to be tried. The prosecution has examined in
all 13 witnesses as under:-
PW No. Name of witness Significance/ role
PW-1 Vasantsing Complainant. Father of
Prahladsing Patil deceased.
PW-2 Mangalsing Mango Panch to inquest panchanama
Patil exhibit 23
PW-3 Raju Vasant Sapkale Panch to spot panchanama
PW-4 Vasant Kisan Gurav Panch to spot panchanama
(exhibit 26).
PW-5 Lahubai Vasantsing Mother of the deceased.
Patil
PW-6 Ghansham Fulsing Relative of deceased
Patil
PW-7 Gulabsing Uttamsing Neighbour of accused
Patil
PW-8 Dr. Parag Vasantrao Private medical practitioner
Chaudhari
PW-9 Gokulsing Uttamsing Neighbour of accused
Patil
PW-10 Isaq Fakira Shah Investigating Officer.
PW-11 Chintaman Vitthal Muddemal seized panch
Patil
PW-12 Yashwant Shankar Another Investigating Officer
Baltishe
PW-13 Dr. Prasad Medical Officer in rural
Prabhakarrao Surve Hospital, Jamner
6. After recording evidence and hearing the accused
persons and prosecution side, the learned Trial Court was pleased
to pass the impugned judgment.
*8* apeal691o05 ACQ 306 498A
7. The learned advocate appearing for the appellants
submitted that appellant No.1 is husband and appellant No.2 was
father-in-law of the deceased Varsha. Appellant No.2 expired and
thus, this appeal is already abated against him. The learned
advocate submitted that ingredients of Sections 498-A and 306
IPC are not independently established, and conviction is based
on conjectures. The learned counsel for the appellant submitted
that the conviction under Sections 498-A and 306 IPC is wholly
unsustainable as the prosecution has failed to prove the
foundational fact of suicide. The evidence on record discloses
material omissions, improvements and contradictions in the
testimony of interested witnesses, while independent witnesses
have not supported the prosecution. Further, the medical and
forensic evidence is vitiated due to serious lapses in sealing and
handling of viscera, rendering the Chemical Analyzer's report
unreliable. In absence of proof of instigation, aid or intentional
conduct, the conviction deserves to be set aside. Therefore, the
learned Trial Court committed grave error by convicting the
appellants as it has not properly appreciated evidence brought on
record. The prosecution has failed to prove guilt of the appellants
beyond reasonable doubts. As such, the appeal needs to be
*9* apeal691o05 ACQ 306 498A
allowed and the appellants be acquitted.
8. In support of his above submissions, the learned
advocate for the appellants has relied upon following
judgments:-
(a) Dilip Ramaji Kakde vs. State of Maharashtra, 2000
(1) Mh.L.J. 549.
(b) Shivaji Janaba Patil and others vs. State of
Maharashtra, 2004 (1) Mh.L.J. 411.
(c) Baboo Ramchandra Shinde and others vs. State of
Maharashtra, 2005 ALL MR (Cri) 1707.
(d) Naresh Kumar vs. State of Haryana, Criminal
Appeal No.1722/2010 decided by Hon'ble Supreme Court on
22.02.2024.
9. Per contra, the learned APP as well as the learned
advocate for the complainant/ PW-1 strongly opposed the
submissions of learned advocate for the appellants. According to
them, the evidence of the parents of the deceased consistently
demonstrates a pattern of harassment and monetary demands,
*10* apeal691o05 ACQ 306 498A
which ultimately provoked the deceased to commit suicide. It
was contended that minor discrepancies or procedural lapses in
investigation should not overshadow the substantive evidence
establishing cruelty and abetment, and that the Trial Court has
rightly appreciated the material on record. The statements of
witnesses proved the guilt of the appellants beyond all reasonable
doubts and, therefore, their evidence cannot be discarded. The
learned Trial Court has rightly considered evidence on record and
rightly convicted the appellants. They, therefore, prayed for
dismissal of the appeal.
10. After hearing the submissions of learned advocates
and with their assistance, after going through evidence on record
carefully, it is evident that the prosecution, in order to prove its
case, has examined PW-1 complainant (Vasantsing Patil) at
exhibit 20. PW-1 deposed that the deceased was his elder
daughter and was married to accused No.1 Ranjitsingh on
01.04.2002. He stated about general harassment at the hands of
the accused on account of dark complexion of the deceased
Varsha. PW-1 deposed that on 22.05.2003, his cousin brother
Ghansham (PW-6) received telephonic call from accused No.2
*11* apeal691o05 ACQ 306 498A
Bhagatsing that the condition of Varsha was serious and they
were going to admit her in the hospital of PW-8 Dr. Parag
Chaudhari at Jalgaon. Therefore, PW-1 along with his wife and
brother-in-law and others went to Jalgaon and saw that Varsha
was admitted in ICU of PW-8. PW-1 deposed that when they met
Varsha, she told that she was ill-treated by the accused persons
on the ground of demand of money of Rs.25,000/- to purchase
the motorcycle. At that time, she was carrying seven months
pregnancy. She also told PW-1 that she was warned by the
accused persons not to come to their home unless and until the
demand of money is fulfilled. She was discharged from hospital
after about seven days. PW-1 further deposed that on 21.01.2005,
his brother Ghansham (PW-6) informed him that he received
telephonic message from accused No.2 Bhagatsing that Varsha
was serious, she was vomiting and therefore, the accused persons
were willing to admit Varsha in the hospital at Jalgaon. PW-1
along with his wife and brother Keshav, sister-in-law and
brother-in-law Gajendrasing went to Jalgaon to see Varsha. When
they were on way, they got message that Varsha had expired in
the hospital. Therefore, they went back to Jamner in the hospital
and saw the dead body of Varsha. PW-1 further deposed that he
*12* apeal691o05 ACQ 306 498A
took dead body for funeral. After funeral, 21.01.2005 itself, PW-
1 lodged the FIR.
11. There are various omissions in the evidence of PW-1
complainant. In cross-examination, he deposed that while
lodging the complaint, he stated to the police that whenever
Varsha came to his house after marriage, she used to tell them
about ill treatment given to her by the accused persons. However,
he cannot assign any reason as to why this fact does not find
place in his complaint. He also admitted in cross-examination
that it was not stated to the police that when Varsha was admitted
in the hospital of Dr.Parag Chaudhari, she told him that she was
warned by the accused persons not to come back to their place
unless and until the demand of Rs.25,000/- was fulfilled. He also
admitted in cross-examination that it was not stated to the police
that he smelt some poisonous substance from the mouth of the
dead body of Varsha in the hospital. Therefore, the learned
advocate for the appellants is right in submitting that there are
improvements as regards version of the PW-1 in his examination-
in-chief because he admitted several things in his cross-
examination. PW-1 further admitted in his cross-examination that
*13* apeal691o05 ACQ 306 498A
the deceased Varsha was having very low hemoglobin when she
was pregnant and was admitted in the hospital of Dr. Parag
Chaudhari (PW-8). By way of suggestion, PW-1 has denied that
during pregnancy of Varsha, she had complained of very low
hemoglobin and high blood pressure and some ailments relating
to pregnancy and, therefore, she always used to be ill during that
period. PW-1 further denied that due to aggravation of ailments
during pregnancy, Varsha died naturally.
12. Similar evidence is also coming from PW-5
(Lahubai Vasantsing Patil), who is mother of the deceased. The
prosecution also examined PW-7 (Gulabsing Patil) and PW-9
(Gokulsing Patil), who are neighbours of the accused residing
near the house of the accused persons. According to these
neighbour witnesses, the deceased Varsha was never ill treated
and she died due to illness.
13. In above circumstances, testimony of PW-8 Dr.
Parag Chaudhari, who is private medical practitioner, is more
important. PW-8 Dr. Chaudhari has admitted that when the
patient Varsha was admitted in his hospital, she was in conscious
state of mind and was able to speak. She never complained of
*14* apeal691o05 ACQ 306 498A
anything about the consumption of any other poison. PW-8 stated
that so far as stomach wash is concerned, it was not smelling
pungent or irritating. After stomach wash, PW-8 did not find that
there was case of any consumption of chemical poison. This
doctor PW-8 further stated that during pregnancy, hormones in
the body get changed and, therefore, the patient feels vomiting,
feverish, headache, etc.. PW-8 also stated that in some of
pregnant women, depression develops.
14. Another medical officer, who has been examined by
the prosecution at exhibit 61 is PW-13 (Dr. Prasad Surve).
According to him, on 21.01.2005, when he was working as
Medical Officer in Rural Hospital, Jamner, in the morning at
about 08:30 am, one rickshaw jeep came to the hospital wherein,
one patient was there. Relatives of the said patient told PW-13
that the patient had consumed some poisonous substance.
Therefore, PW-13 went to examine the patient there only and
found that she was dead. PW-13, therefore, informed this fact to
the Jamner Police Station. Thereafter, PW-13 performed
postmortem. During the postmortem, he found that fingers were
semi flexed and nails having bluish black discolouration.
*15* apeal691o05 ACQ 306 498A
According to him, the symptoms thereof were organo phosporus
poisonous. Viscera was preserved in two bottles, bottle No.1 was
stomach and its contents with piece of small intestine. Bottle
No.2 was contents of pieces of lungs, kidney, liver and spleen.
According to PW-13, the death was due to cardio respiratory
failure due to ingestion of unknown poisonous substance. The
postmortem report is at exhibit 63. After going through the
Chemical Analyzer's report, the final cause of death according to
PW-13 was due to Endosulphan poisoning.
15. PW-13 (Dr. Prasad Surve) was cross-examined at
length by the defence. According to him, whenever the level of
haemoglobin is less in the body, generally it is called anemia. He
stated that if the diagnosis is not properly done and the treatment
is not properly given, then, anemia may affect the life of the
patient. According to him, even due to iron deficiency or over
iron dose and vitamin B-12 deficiency the health may affect. Due
to anemia, there appears giddiness, body weakness in the patient.
PW-13 stated in cross-examination that it is only the
haemoglobin which supplies oxygen to the parts of the body
including brain and heart, otherwise in anemic situation, the
*16* apeal691o05 ACQ 306 498A
shape of RBCs get changed. In spleen disease, the RBCs never
get formed or they are inadequately formed. This medical officer
PW-13 also admitted in his cross-examination that smell of
phosphorous is smell of garlic and both smells are pungent and
prominent. He stated that in endosulphan, there is no
phosphorous and it contains chlorine. In his cross-examination,
PW-13 admitted that one sweeper Laxman assisted him in
conducting postmortem on the dead body of Varsha. After taking
out the organs from the dead body, doctors observe it and then
take notes thereof. The sweepers used to show the organs to the
doctors. According to PW-13, on 24.01.2005, the box of viscera
was given to police by Dr. G.B. Patil.
16. PW-13 Dr. Prasad Surve was further cross-examined
on the aspect of sealing viscera bottles. He has categorically
stated that he is unaware whether, the boxes of viscera have
reached to the laboratory at Pune. When PW-13 opened the box
on second occasion, it was already sealed by forensic laboratory.
According to PW-13, till that date, he has not informed the police
that he found the labels as regards the name of deceased and the
PM number found inside the box after it was opened by him. He
*17* apeal691o05 ACQ 306 498A
has not informed even the forensic laboratory that the labels
along with PM number and the name of deceased was lying
inside the box and the same was pasted by him subsequently.
PW-13 was further reexamined by the prosecution after
permission from the Trial court and he stated that in PM room,
one separate part is there to keep the bottles of viscera in sealed
box. It is kept under the direct supervision of the Chief Medical
Officer and the keys are also lying with the Chief Medical
Officer being the custodian. When it is to be sent to the Chemical
Analyzer, the concerned doctor used to handover the box of
viscera to the Police.
17. In view of the above evidence, the learned advocate
for the appellants has strongly attacked the prosecution case on
account of improper sealing of muddemal property. In this
regard, attention of this Court is invited to the deposition of PW-
10 (Investigating Officer Isaq Shah). PW-10 stated that he was
given duty to carry the samples to the C.A. and he carried one
sealed cardboard box. One letter was also given to him along
with the said box. The said letter is at exhibit 41 dated
29.01.2005 issued by the Regional Forensic Laboratory, Pune, to
*18* apeal691o05 ACQ 306 498A
the Medical Officer, Rural Hospital, Jamner. As per the contents
of the said letter, viscera bottles were not properly sealed. There
were no labels on the said bottles. There was no name of the
deceased on viscera bottles and no PM number. It was also not
along with the covering letter of the Medical Officer and further
there is discrepancy in the names of the deceased and the
Medical Officer. Therefore, the Regional Forensic Laboratory,
Pune returned the muddemal property.
18. In this regard, it is necessary to look into evidence of
PW-11 (Chintaman Patil), who carried the muddemal property to
the Regional Forensic Laboratory, Pune. PW-11 stated that on
09.02.2005 he carried the muddemal to C.A. office at Pune
through bus. He deposited the muddemal in the office of CA on
next date. PW-11 was examined to prove the contents of the
letter dated 26.01.2005 at exhibit 43 issued by the Jamner Police
Station to the Regional Forensic Laboratory, Pune.
19. With this quality of evidence, the learned advocate
for the appellant is right in submitting that the prosecution has
utterly failed to prove the most essential aspect that the deceased
Varsha committed suicide by consuming poison. There is no
*19* apeal691o05 ACQ 306 498A
proof of suicide and general allegations of harassment have been
levelled against the accused persons.
20. As far as the allegations of cruelty and harassment
are concerned, the entire prosecution case rests on contradictory
and improved evidence of interested witnesses, namely, PW-1
Vasant Patil (father of deceased) and PW-5 Lahubai (mother of
deceased. There are material omissions in the FIR and the police
statements. Such omissions, being material, assume the character
of contradictions and seriously affect the credibility of PW-1.
The evidence of PW-1 and PW-5 is hearsay evidence and such
statements do not qualify as dying declarations. Even if the said
allegations of demand of Rs.25,000/- for purchase of motorcycle
is concerned, same cannot be regarded as dowry as per the
definition of Section 2 of the Dowry Prohibition Act. Mere
taunting as regards dark complexion and sending the deceased
Varsha for agricultural work, would not amount to cruelty under
Section 498-A of the IPC. PW-1 and PW-5 have levelled general
and omnibus allegations against all the accused persons
including parents and other relatives of the husband of the
deceased.
*20* apeal691o05 ACQ 306 498A
21. In view of such type of evidence on record, the
seizing and sealing of muddemal property carries more
importance in order to remove doubts. The letter at exhibit 41
issued by the Regional Forensic Laboratory, Pune, shows casual
manner in which the investigation was carried out. At the cost of
repetition, it is necessary to mention here that the Forensic
Laboratory has refused to accept the muddemal property for the
reasons that viscera bottles were not properly sealed, there were
no label of name of the deceased and PM number was also not
there. With such quality of evidence, it is very difficult to
ascertain that the deceased has committed suicide by consuming
poison. In such situation, evidence brought by the defence as
regards the deceased was having various health issues, due to
which, she was anemic, gets corroboration.
22. It is well settled that in criminal jurisprudence, the
burden lies squarely upon the prosecution to prove its case
beyond reasonable doubt and any infirmity in investigation,
particularly in cases resting on circumstantial and medical
evidence, will benefit the accused. For an offence under Section
306 IPC, there must be clear proof of suicide and direct or
*21* apeal691o05 ACQ 306 498A
proximate act of instigation or aid by the accused. However, a
bare perusal of evidence on record, there is no such proof of
suicide, so also, there is no evidence of instigation by the
accused. Mere allegations of harassment, not supported by
cogent evidence, do not constitute cruelty under Section 498-A
IPC. Further, when the chain of possession of seized articles is
broken, then forensic reports lose evidentiary value. In criminal
trials, suspicion cannot substitute proof, and benefit of doubt
must necessarily go to the accused.
23. The legal position laid down in the decisions relied
upon by the learned counsel for the appellant squarely applies to
the facts of the present case. In Dilip Ramaji Kakde v. State of
Maharashtra (supra) and Shivaji Janaba Patil v. State of
Maharashtra (supra), it has been held that vague, general and
omnibus allegations of cruelty, particularly when improvements
and material omissions are noticed, cannot form the basis of
conviction under Sections 498-A and 306 of IPC. In Baboo
Ramchandra Shinde v. State of Maharashtra (supra), this Court
has emphasized that unless cruelty is shown to be of such nature
as is likely to compel the woman to commit suicide and is
*22* apeal691o05 ACQ 306 498A
proximate to the death, conviction is impermissible. Recently, the
Supreme Court in Naresh Kumar v. State of Haryana (supra) has
reiterated that proof of suicide and a direct nexus between the
alleged acts of the accused and the death are sine qua non for an
offence under Section 306 IPC, and mere allegations of
harassment, howsoever serious, cannot substitute legal proof.
Applying these principles, the conviction recorded by the Trial
Court cannot be sustained.
24. In view of the foregoing discussion, I am of the view
that the prosecution has failed to establish the ingredients of the
offence beyond reasonable doubts. Consequently, this Criminal
Appeal is allowed and the impugned judgment and order is
quashed and set aside. The appellants/ accused are acquitted for
the said offence. Appellant No.2 expired and thus, this appeal is
already abated against him. As appellant No.1 is on bail, he need
not surrender. The bail bond stands cancelled. Surety, if any,
stands discharged. Fine amount, if deposited, be refunded. The
record and proceedings be sent back to the concerned Court.
kps (SUSHIL M. GHODESWAR, J.)
