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Rameshwar S/o. Bhagwan Sonawane vs. the State of Maharashtra

Decided on 30 August 2024• Citation: APEAL/31/2022• Bombay High Court
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    2024:BHC-AUG:19880-DB                                                         
                                                            APEAL-31-22-OPERATIVE.odt
                      IN THE HIGH COURT OF JUDICATURE  AT BOMBAY                  
                                 BENCH  AT AURANGABAD                             
                             CRIMINAL APPEAL  NO. 31 OF 2022                      
              Rameshwar Bhagwan Sonawane                 ..APPELLANT              
                   VERSUS                                                         
              State of Maharashtra                       ..RESPONDENT             
                                           ....                                   
              Mr. S.G. Bobde, Advocate for appellant                              
              Mr. S.D. Ghayal, A.P.P. for respondent - State                      
                                           ....                                   
                                             CORAM  : R.G. AVACHAT AND            
                                                     NEERAJ  P. DHOTE, JJ         
                                             DATE   : 30th AUGUST, 2024           
              OPERATIVE ORDER  :                                                  
                      For the reasons recorded separately, following order is passed :-
                                         ORDER                                    
                      (I)  Criminal appeal is allowed.                            
                      (II) Impugned judgment and order dated 05th December, 2018  
                           passed  by the Court of Additional Sessions Judge,     
                           Aurangabad in Sessions Case No. 148 of 2015 thereby    
                           convicting the appellant for the offence punishable under
                           Section 302 of the Indian Penal Code, is hereby set aside.
                           He stands acquitted thereof.                           
                      (III) The appellant be released forthwith, if not required in any
                           other case.                                            
                      (IV) Fine amount paid, if any, be refunded to him.          
                  ( NEERAJ P. DHOTE, J. )            ( R.G. AVACHAT, J. )         
              SSD                                                                 
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