Cri. Appeal No. 56/10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 56 OF 2010 1. Hupdya s/o. Tedgya Naik, Age 57 yrs., Occu. Agriculture, 2. Surupsing s/o. Tedgya Naik, Age 42 yrs., Occu. Agriculture, Both R/o. Dhekati, Tq. Taloda, Dist. Nandurbar. ....Appellants. Versus The State of Maharashtra ....Respondents. Mr. C. R. Deshpande, Advocate for appellants. Mr. K.G. Patil, Additional Public Prosecutor for respondent. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 28th April, 2011. OPEATIVE ORDER : For the reasons to be recorded separately, the Court passes following order :- 1. The appeal in respect of appellant No. 1 - Hupdya s/o. Tedgya Naik stands dismissed. The conviction and sentence as against this appellant/accused for offences punishable under sections 302 and 452 of the Indian Penal Code stands confirmed. Cri. Appeal No. 56/10 2 3. The appeal in respect of appellant No. 2 - Surupsing s/o. Tedgya Naik is allowed. The judgment and order of the Trial Court, convicting and sentencing this appellant/accused for offences punishable under sections 302, 452 read with 34 of the Indian Penal Code stands set aside and this appellant stands acquitted of the charges for which he faced the trial. 4. Fine amount, if deposited by appellant No. 2 - Surupsing, be returned to him. He is on bail. His bail bond stand cancelled. Deputy Registrar (Judicial) (S.S. Choudhari) P.A. to the Hon'ble Judge. Cri. Appeal No. 56/10 3 [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/cria349.09