1 (Appeal 724 of 2004 with 227 of 2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 724 OF 2004 WITH CRIMINAL APPLICATION NO.227 OF 2009 Ganesh Ramu Padachi ...Appellant Vs. The State of Maharashtra ...Respondents ----- Mr.Anand S.Patil for Appellant as Amicus Curiea Ms.A.T. Javari -APP for State ----- CORAM: V.M. KANADE & M.L.TAHALIYANI, JJ. DATED: 15th November, 2011 P.C. Heard Shri Anant Patil, who is appointed as an amicus curiae to assist this Court and the learned APP for the State. For the reasons separately recorded in the judgment, following order is passed: ORDER 1. Criminal Appeal is partly allowed as under. (i) Order of conviction passed by the Trial Court for the offence punishable under section 302 r/w. 34 of the Indian Penal Code is set aside. 2 (Appeal 724 of 2004 with 227 of 2009) (ii) The Appellant is convicted for the offence punishable under section 323 of the Indian Penal Code and sentenced to undergo R.I. for one month and to pay fine of Rs.1,000/- and, in default, to undergo total R.I. for six months. The Appellant has already undergone almost seven years of sentence, he be released forthwith unless he is required in any other case. 2. In view of disposal of the present Criminal Appeal, Criminal Application no.227 of 2009 does not survive for consideration and is, accordingly, disposed of. (M.L.TAHALIYANI J.) (V.M. KANADE J.)