1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO.1162 OF 2002 Pravin Tanayya Suwarna ...Appellant Vs. The State of Maharashtra ...Respondent WITH CRIMINAL APPEAL NO.36 OF 2003 Ganesh Jairappa Kotain ...Appellant Vs. The State of Maharashtra ...Respondent WITH CRIMINAL APPEAL NO.1229 OF 2002 Rajesh Umanath Shetty ...Appellant Vs. The State of Maharashtra ...Respondent Mr. U.S. Vanjara Advocate with Mr. M.A. Shaikh Advocate for the Appellant in Appeal No.1162/2002 and 36/2003 Mr. Amin Solkar, Advocate for the Appellant in Appeal No.1229/2002 Mrs. M.M.Deshmukh, A.P.P for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 12TH OCTOBER, 2009 2 OPERATIVE ORDER: For the reasons separately recorded in the accompanying judgment, the following order is passed:- 1.Criminal Appeal No.1229/2002 fails and the same is hereby dismissed. The order of conviction and sentence passed by the trial Court under Section 302 of the Indian Penal Code is hereby confirmed. 2.Criminal Appeal No.1162/2002 and Criminal Appeal No. 36/2003 partly succeed. The order of conviction and sentence passed against accused Nos.3 and 5 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code is hereby set aside and instead they are convicted for the offence punishable under Section 325 read with Section 34 of the Indian Penal Code. We sentence them to undergo R.I for 7 years. Undoubtedly they shall be entitled to set off under Section 428 of the Code of Criminal Procedure, if any. 3.The Appellant in Criminal Appeal No.1229/2002 (Accused No.2) is reported to be absconding from 2004 onwards. We direct the Commissioner of Police, New Bombay to take appropriate steps and produce the 3 said accused before us within 4 weeks. 4.The Registrar (Judicial) is directed to issue non- bailable warrant against accused No.2 Shri Rajesh Umakant Shetty. The warrant shall be collected by the Senior Police Inspector, Rabale Police Station, New Bombay before 16th October 2009 from the Registry. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]