APEAL/169 & 251/2009 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.169 OF 2009 ALONG WITH CRIMINAL APPLICATION NO.543 OF 2011 Dattatray Sakharam Khade R/o. 1187/33, Shilpa Chambers, Shivaji Nagar, Pune ... Appellant Versus State of Maharashtra ... Respondent AND CRIMINAL APPEAL NO.251 OF 2009 1. Satish Pandharinath Dhole, R/o. 838, Kasba Peth, Pune 2. Sunil Mohan Fasge, R/o. 449, Sadashiv Peth, Pune ... Appellants Versus State of Maharashtra ... Respondent Mr. V.T. Tulpule, Sr. Advocate, i/b. Mr. Harshad Bhadbhade with Mr. Rakesh Bhatakar and Mr. Sachin Chandan for the Appellants. Mr. H.J. Dedhia, APP, for the Respondent-State of Maharashtra. CORAM : B. H. MARLAPALLE & A.M. THIPSAY, J.J. DATE : 5 TH & 6 TH MAY, 2011. P.C. : . For the reasons separately recorded in the oral judgement, the Court passed the following order :- “In the premise, these Appeals succeed partly. The order of conviction and sentence passed on 30th January, 2009 in APEAL/169 & 251/2009 2 Dixit Sessions Case No.171 of 2004 by the learned Additional Sessions Judge at Pune for the offence punishable under Section 302 read with Section 34 of the IPC is hereby quashed and set aside. Instead, the appellants-accused are convicted for the offence punishable under Section 326 read with Section 34 of the IPC. Accused Nos.1 and 3 are sentenced to suffer R.I. for three years and each of them shall pay a fine of Rs.25,000/- and in default of payment of fine to suffer further R.I. for three months. Accused No.2 is sentenced to suffer R.I. for four years and to pay a fine of Rs.50,000/- and in default of payment of fine to suffer further R.I. for six months. The amount of fine deposited, if any, shall be undoubtedly adjusted and only balance amount will have to be deposited. From the fine amount, if paid, an amount of Rs.90,000/- shall be paid to the widow of the deceased. In view of the above order, Criminal Application No.543 of 2011 does not survive and the same is dismissed as infructuous.” [A.M. THIPSAY, J.] [B.H. MARLAPALLE, J.]