SHASHIKANT SHANTARAM TAVARE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Gokhale 1 of 34 902-apeal-876-17 (J) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 876 OF 2017 Shashikant Shantaram Tavare ..Appellant Versus The State of Maharashtra ..Respondent WITH INTERIM APPLICATION (STAMP) NO. 7743 OF 2025 IN CRIMINAL APPEAL NO. 876 OF 2017 __________ Mr. Ramesh Dube Patil a/w. Sagar Kasar, Rishabh Tiwari, Chaitali Bhogle and Iraa Dube Patil for the Appellant. Ms. Kranti T. Hiwrale, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ. DATE : 03 JULY 2025 JUDGMENT: (PER SARANG V. KOTWAL, J.) 1. The Appellant has challenged the Judgment and order dated 26.09.2017, passed by the learned Additional Sessions Judge-2, Nashik, in Sessions Case No.257 of 2016. The learned Judge, convicted the Appellant for commission of the offence punishable U/s.302 of the I.P.C. and sentenced him to suffer Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2025.07.10 16:37:51 +0530 2 of 34 902-apeal-876-17 (J) rigorous imprisonment for life and to pay a fine of Rs.5000/- and in default to suffer S.I. for two months. The Appellant was also convicted for commission of the offence punishable U/s.309 of the I.P.C. and he was sentenced to suffer S.I. for one year and to pay a fine of Rs.500/- and in default to suffer S.I. for 15 days. The substantive sentences were directed to run concurrently. He was acquitted from the charge U/s.135 of the Maharashtra Police Act. He was granted set off U/s.428 of the Cr.P.C. for the period he had spent as an undertrial prisoner from 28.06.2016. 2. Heard Mr. Ramesh Dube Patil, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the State. 3. The prosecution case is that the Appellant was having a love relationship with