RAJU KSHATRIYA @ RAJU NEPALI @ TAPAN SARVESHWAR DAS vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Gokhale 1 of 18 905-apeal-1253-19 (J) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1253 OF 2019 Raju Kshatriya @ Raju Nepali @ Tapan Sarveshwar Das ..Appellant Versus The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO. 2741 OF 2024 IN CRIMINAL APPEAL NO. 1253 OF 2019 __________ Mr. D. G. Khamkar for the Appellant. Ms. Kranti T. Hiwrale, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & MANJUSHA DESHPANDE, JJ. DATE : 27 JUNE 2025 JUDGMENT: ( Per Sarang V. Kotwal, J. ) 1. The Appellant has challenged the Judgment and order dated 22.07.2016 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.45 of 2015. The Appellant was convicted for commission of the offence punishable under section 302 of the I.P.C. and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10000/- and in Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2025.07.02 10:40:31 +0530 2 of 18 905-apeal-1253-19 (J) default to suffer R.I. for one year. 2. Heard Mr. Khamkar, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the State. 3. The prosecution case is that the deceased Virendra Kumar and the Appellant were working as the labourers under the supervision of the first informant Parasnath Vishwakarma. They used to sleep on the fifth floor of the building where the construction was going on. The prosecution case is that, in the late evening on 25.09.2014, there was a quarrel between the deceased Virendra Kumar and the Appellant. The Appellant wanted financial help from the deceased, but he refused; therefore, there was a quarrel. After the dinner, they went to sleep on the fifth floor. In the morning, the deceased was found in a pool of blo