MOHAN MADHAV CHAURASIYA vs THE STATE OF MAHARASHTRA

Judgment text excerpt

:1: 901-APEAL-1043-15-j.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1043 OF 2015 Mohan Madhav Chaurasiya …..Appellant Versus The State of Maharashtra .….Respondent ………. WITH INTERIM APPLICATION NO.2513 OF 2025 IN CRIMINAL APPEAL NO.1043 OF 2015 …… WITH CRIMINAL APPEAL NO.689 OF 2016 Ramdeen Khilawan Loniya …..Appellant Versus The State of Maharashtra .….Respondent ----- Ms. Ameeta Kuttikrishnan, Advocate i/b. Shabhana Sayed, Shambhavi Desai a/w. Gayatri Pore for the Appellant in Apeal/1043/2015. Mr. Pradeepkumar L. Pardeshi, Advocate a/w. Anushka Martis for the Appellant in Apeal/689/2016. Mr. Vinit A. Kulkarni, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & ADVAIT M. SETHNA, JJ. DATE : 04th SEPTEMBER, 2025 1 of 29 :2: 901-APEAL-1043-15-j.odt ORAL JUDGMENT : [PER SARANG V. KOTWAL, J.] 1. Both these Appeals are decided by this common judgment and order because they arise out of the same impugned judgment and order. The Appellant Mohan Chaurasiya in Criminal Appeal No.1043/2015 was the original accused No.1 in Sessions Case Nos.271/2013 along with 552/2013 before the Additional Sessions Judge, Greater Bombay. The Appellant Ramdeen Loniya in Criminal Appeal No.689/2016 was the original accused No.2 in the same case. For the sake of convenience, both the Appellants are referred to by their original status as the accused, in the following discussion. The learned Judge, vide judgment and order dated 9.2.2015 convicted both of them for commission of the offence punishable under Section 302 read with 34 of IPC and sentenced them to suffer RI for life and to pay a fine of Rs.3,000/- each and in default to suffer SI for fifteen days. They were acquitted from the charges of commission of offence punishable under