( 1 ) FOR the reasons separately stated in the judgment this Court has passed the following order:"the impugned judgment and order dated 31/8/2001 passed by the III Addl. Sessions Judge, Kolhapur in Sessions Case No. 187 of 2000 is quashed and set aside. Needless to say that the sentence awarded thereunder is quashed and set aside. " ( 2 ) INSTEAD the appellant Samir Nijam Landage is convicted for offence under Section 304 Part II of the I. P. C. and sentenced to suffer R. I. for seven years. He is also sentenced to pay a fine of rs. 400/-, in default to undergo further R. I. for two months. Needless to say that the appellant shall get set off for the sentence already undergone. Appeal is disposed of in the aforestated terms.