(1.) For the reasons separately recorded, the appeal is allowed. The appellant (original accused) Manohar Gangaram Patil stands acquitted of the charge of having committed an offence under section 302 of the Indian Penal code. Accordingly, this judgment and order dt. 16th and 17th October 2000 passed by the Additional Sessions Judge, brihan Mumbai is quashed and set aside. The appellant accused be released forthwith, if not required in any other case. In the event, the appellant accused has deposited the fine, the same shall be refunded to.