1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 327 OF 2003 1)Shri Sunil Vasant Kharat 2)Smt. Narmada Vasant Kharat. ... ... Appellants. (Orig.Accused Nos.5 & 6) Versus The State of Maharashtra. ... ... ... Respondent. -: ALONG WITH :- CRIMINAL APPEAL NO. 111 OF 2004 1) Birju @ Raju Sudhakar Prawala 2) Shantaram Namdev Chandanshive... ... Appellants. (Orig.Accused Nos.1 & 2) Versus The State of Maharashtra. ... ... ... Respondent. -: ALONG WITH : CRIMINAL APPEAL NO. 362 OF 2004 Raju Kalidas Sonawane. ... ... Appellant. (Orig.Accused No.3 ) Versus The State of Maharashtra. ... ... ... Respondent. Mr. Arfan Sait, Advocate appointed for Appellant No.1 in Appeal No.111 of 2004 and for Appellant in Appeal No.362 of 2004. Mr. Yug Mohit Chaudhari for Appellant No.2 in Appeal No.111 of 2004. Nobody present for Appellants in Appeal No.327 of 2003. Mr. P. S. Hingorani, APP for the Respondent State in all Appeals. 2 CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 10TH FEBRUARY, 2009. P.C.: For the reasons separately recorded, the following order: In view of the above, all the three appeals are allowed. The conviction and sentence awarded by the Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 228 of 2002 vide Judgment and Order dated 1st January, 2003 is quashed and set aside. The appellants are acquitted. The accused No.4, namely, Laxman Shivaji/Ganpat Kharat, has not filed any appeal against the conviction and sentence. Since, we have not found any evidence against him also, therefore, his sentence and conviction is also set aside and he is also acquitted. Therefore, the accused, who are in jail, be released forthwith if not required in any other case. The bail bond of the accused, who are on bail, to stand cancelled. The fine, if any, paid by the accused persons in terms of the impugned judgment, be returned. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)