1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO.894 OF 1990 CRIMINAL APPEAL NO.894 OF 1990 CRIMINAL APPEAL NO.894 OF 1990 1. Shri Vilas Mahadu Chavan ] Age 19 years, Occupation ] Agriculturist; ] (At present in Jail) ] 2. Shri Balu Bhaguji Chavan ] Age 27 years, Occupation ] Labourer; ] 3. Shri Sunil Bhaguji Chavan ] Age 25 yrs. Occupation ] Education. ] 4. Shri Bhaguji Savaleram ] Chavan, Age 60 years ] Occupation Agriculturist ] 5. Shri Sakharam Bhaguji Chavan] Age 19 years, Occupation ] Appellants. Agriculturists ] (Original All r/o Nimgaon-Mhalungi ] Accused Nos. Chavan Vasti, Tahsil Sirur ] 9,4,5,7, & 8) District Pune. ] versus 2 2 2 1. The State of Maharashtra ] Respondent Mr.Nitin P. Deshpande for the Appellants. Mr.P.S.Hingorani, APP, for the State. CORAM : D.G.DESHPANDE CORAM : D.G.DESHPANDE CORAM : D.G.DESHPANDE S.R.SATHE, JJ. S.R.SATHE, JJ. S.R.SATHE, JJ. DATED : MARCH 29, 2007. DATED : MARCH 29, 2007. DATED : MARCH 29, 2007. OPERATIVE ORDER : OPERATIVE ORDER : OPERATIVE ORDER : . For the reasons separately recorded, the following order is passed :- :ORDER: :ORDER: :ORDER: The Appeal is allowed. The conviction and sentence of the Original Accused Nos. 9, 4, 5, 7 and 8, i.e. Vilas Mahadu Chavan, Balu Bhaguji Chavan, Sunil Bhaguji Chavan, Bhaguji Savaleram and Sakharam Bhaguji Chavan respectively, under Section 302 of the Indian Penal Code so far as Accused No.9 Vilas is concerned; under Section 323 of 3 3 3 the Indian Penal Code so far as Accused No.4 Balu, Accused No.5 Sunil, Accused No.7 Bhaguji and Accused No.8 Sakharam are concerned, is set aside. They are acquitted of all the charges levelled against them. The accused are on bail. Their bail bonds stand cancelled. If the accused have paid the fine, the same should be returned to them. Appeal is disposed of accordingly. [D.G. DESHPANDE,J] [D.G. DESHPANDE,J] [D.G. DESHPANDE,J] [S.R.SATHE, J] [S.R.SATHE, J] [S.R.SATHE, J]