1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 917. CRIMINAL APPLN/219/2011 (Machindra Narayan Jagtap and others Vs. The State) IN CRIMINAL APPEAL NO.174/1999 WITH CRIMINAL APEAL/174/1999 (Machindra Narayan Jagtap and others Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv. for the appellant. Mr. N.B.Suryawanshi, Adv., for original complainant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:1/4/2011 1. Heard Mr.R.N.Dhorde, learned Counsel for the accused/appellant and Mr.N.B.Suryawanshi, learned Counsel for the original complainant, who is applicant no.4 in Criminal Application No.219/2011. 2. Both the learned Counsel submit that the complainant is uncle of accused/appellants nos. 1 to 3. The death was of son of the complainant. The parties reside in the same village. At the intervention of the 2 villagers and relatives, they have settled the matter. The complainant confirms these aspects through Mr.N.B.Suryavanshi and recorded in the affidavit and so also in the application. 3. Considering these aspects of the matter, the conviction of accused/applicant No.2 Gitaram Narayan Jagtap for an offense under Section 304 Part II, 324 read with 34 of IPC and that of accused/applicant No.1 Machindra Narayan Jagtap and accused No.3 Pintu @ Dnyaneshwar Narayan Jagtap for an offense under Section 325, 323, read with Section 34 of IPC is maintained. 4. Each of the accused has already undergone custody for 108 days. The sentence is reduced to the period already undergone i.e. 108 days. The fine amount, if any paid, is forfeited or, as was received by the complainant Kishan, to be retained by him. The appeal is partly allowed to the extent as above. 3 Criminal Application No.219/1999 partly allowed and disposed of. Criminal Appeal No.174/1999 disposed of. (K.U.CHANDIWAL) JUDGE ... AGP/219-11crapl