OO-Cri Appeal Nos.126 and 108 of 2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.126 OF 2022 Gorakh s/o. Ambadas Kokane, Age : 33 years, Occ. Labour, r/o. Nirmalnagar, Beyond Railway Line, Mukundwadi, Aurangabad ..Appellant Vs. 1. The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai – 32 2. Smt. Vandana w/o. Sadashiv Jadhav, Age : 49 years, Occ. Household, 3. Dhananjay s/o. Sadashiv Jadhav, Age : 31 years, Occ. Service Both r/o. Nirmaladevi Nagar, Beyond Railway Line, Mukundwadi Railway Station, Aurangabad ..Respondents AND CRIMINAL APPEAL NO.108 OF 2022 Suresh Laxman Patekar, Age : 46 years, Occ. Business, r/o. Mukundwadi Railway Station, Nirmalnagar, Aurangabad ..Appellant Vs. 1. The State of Maharashtra 2. Smt. Vandana w/o. Sadashiv Jadhav, Age : 49 years, Occ. Household, 2025:BHC-AUG:10978-DB 2 OO-Cri Appeal Nos.126 and 108 of 2022 3. Dhananjay s/o. Sadashiv Jadhav, Age : 31 years, Occ. Service Both r/o. Nirmaladevi Nagar, Beyond Railway Line, Mukundwadi Railway Station, Aurangabad ..Respondents ---- Mr.N.S.Kadarale, Advocate for appellant in Criminal Appeal No.126 of 2022 Mr.Satej S. Jadhav, Advocate (appointed) for appellant in Criminal Appeal No.108 of 2022 Mrs.S.N.Deshmukh, APP for respondent no.1 – State in both appeals Mr.Krishna Rodge, Advocate for respondent nos.2 and 3 in both appeals ---- CORAM : R.G.AVACHAT AND NEERAJ P. DHOTE, JJ. RESERVED ON : MARCH 06, 2025 PRONOUNCED ON : APRIL 16, 2025 Operative Order :- For the reasons recorded separately, following order is passed:- (i) Both the Criminal Appeals are allowed. (ii) The impugned order dated 06.12.2021, passed by learned Addl. Sessions Judge, Aurangabad (trial court), in Sessions Case No.220 of 2016, convicting and sentencing the appellants for 3 OO-Cri Appeal Nos.126 and 108 of 2022 the offences punishable under Sections 302 and 324 r/w. 34 of Indian Penal Code, is set aside. The appellants are acquitted thereof. (iii) The appellants be released forthwith, if not required in any other case. (iv) Fine amount paid by the appellants, if any, be refunded to them. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] ……….. KBP