sat 1 crim.appeal 958-2003 and 1129-2003 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 958 OF 2003 1.Sanjay Udahhav Sonawane, 2.Rakesh Ashok Gaikwad, ...Appellants (Orig.Accd.Nos.1 & 2) vs. The State of Maharashtra ...Respondent WITH CRIMINAL APPEAL NO. 1129 OF 2003 Pravin Subhash Shinde ...Appellant (Orig.Accd.No.3) vs. The State of Maharashtra ...Respondent Mr.S.R. Chitnis, Senior Counsel with Mr.M.S. Mohite and Mr.A.R. Kapadnis i/b. Mr.Shailesh Kantharia, for the Appellants. Dr.F.R. Shaikh, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 7, 2011 P.C. :- For the reasons recorded separately in the accompanying judgment, the appeals succeed and they sat 2 crim.appeal 958-2003 and 1129-2003 are hereby allowed. We hold that the prosecution could not prove its charge against any of the accused regarding their complicity in causing the homicidal death of Shrikant, the son of PW 5 on 12th October, 1999 between 9.30 p.m to 10 p.m. Hence, all the accused are acquitted from the offence punishable under Section 302 read with Section 34 of IPC. Accused no.3 is ordered to be released and set free unless required in any other criminal case. The bail bonds of accused nos.1 and 2 stand cancelled. (U.D. SALVI, J) (B.H. MARLAPALLE, J)