IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO.61 OF 2006 APPEAL NO.61 OF 2006 APPEAL NO.61 OF 2006 Bala @ Gangaram Chandrakant Acharekar .. Appellant Versus The State of Maharashtra .. Respondent Mr.Ganesh Gole for the appellant. Mr.J.P.Yagnik, A.P.P for the State. WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1154 OF 2005 APPEAL NO.1154 OF 2005 APPEAL NO.1154 OF 2005 Sandeep Damodar Patil & Ors. .. Appellants Versus The State of Maharashtra .. Respondent Mr.Sayaji D. Nangre with Mr.Ranjeet M. Pawar for the appellants. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th January 2009. : 17th January 2009. : 17th January 2009. P.C.: P.C.: P.C.: . For the reasons separately recorded in the judgment, following is the operative part of the same: CRIMINAL CRIMINAL CRIMINAL APPEAL NO.61 OF 2006 APPEAL NO.61 OF 2006 APPEAL NO.61 OF 2006 (a) Appeal is partly allowed. (b) The conviction of the appellant (accused No.1 Bala @ Gangaram Chandrakant 2 Acharekar) for offences punishable under section 304 (Part II) as well as under section 324 of the Indian Penal Code is upheld. However, he is directed to be set free on the sentence which is already undergone by him. CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1154 OF 2005 APPEAL NO.1154 OF 2005 APPEAL NO.1154 OF 2005 (a) The impugned judgment and order dated 29th November 2005 is quashed and set aside in so far as the appellants (accused nos.2 to 4 Sandeep Damodar Patil, Mahendra Damodar Patil and Shashikant Atmaram Patil) are concerned, the conviction and sentence of the said appellants is quashed and set aside. (b) The fine amount, if any, deposited by the appellant shall be refunded to them. (c) The bail bonds stand cancelled. (A.S.Oka,J)