VISHAL ASHOK KAMBLE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

SAYALI SAWANT /Sagar Appeal-1568.2018 (2).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1568 OF 2018 Vishal Ashok Kamble Convict No.C/16789 Yerwada Central Prison, Age 29 years, Occ-Rickshaw driver, R/o. 108/109 Anand Nagar, Ramtekdi, Pune. … Appellant (Orig. Accused) V/s. The State of Maharashtra, (Notice to be served on the Public Prosecutor, High Court, (Appellate Side), Bombay. … Respondent ______________________ Smt. Sonia S. Miskin, Appointed Advocate through High Court Legal Services. Smt. Madhavi H. Mhatre, A.P.P. for the State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. RESERVED ON : 26th SEPTEMBER 2025 PRONOUNCED ON : 19th DECEMBER 2025 JUDGMENT [Per : RANJITSINHA RAJA BHONSALE, J] :- 1) By the present Appeal, the Appellant seeks to challenge the Judgment and Order dated 3rd February, 2014, passed by the learned Sessions Judge, Pune in Sessions Case No. 475/2010 whereby the Appellant has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo further rigorous imprisonment for six months. The Appellant has been acquitted for the offence under Section 4 punishable under Section 25 of the Arms Act and under Section 1/18 SAYALI SAWANT /Sagar Appeal-1568.2018 (2).doc 37(1) punishable under Section 135 of the Bombay Police Act. 2) Prosecution case in brief, is as under. 2.1) On 29th March, 2010 Aruna Mahendra Shinde (PW-2), sister of deceased lodged complaint with the Wanwadi Police Station stating that, one year ago there was quarrel between her brother Shrinath @ Bhultu Sakharam Gaikwad and the Accused No.1 Vishal Ashok Kamble an