RIYAZ @ BABLU SATTAR MUJAWAR vs STATE OF MAHARASHTRA

Judgment text excerpt

P.H. Jayani 49 APEAL101.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 101 OF 2024 WITH INTERIM APPLICATION NO. 2654 OF 2025 IN CRIMINAL APPEAL NO. 101 OF 2024 Riyaz @ Bablu Sattar Mujawar aged 31 yrs, Occ : Worker, Residing at Room No.301, Ali Mansion Building, 3rd floor, Anand Koliwada, Mumbra, District – Thane (Presently lodged in Nashik Central Prison) …. Appellant v/s. The State of Maharashtra (at the instance of Mumbra Police Station) …. Respondent Ms. Jahnavi S. Karnik a/w. Smt. B. Sharada for the Appellant. Ms. Supriya Kak, APP for the Respondent – State. CORAM: SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ. DATED : 15th SEPTEMBER, 2025 ORAL JUDGMENT : (PER : SARANG V. KOTWAL, J.) :- 1) The Appellant has challenged the Judgment and Order dated 12/07/2023 passed by the learned Additional Sessions Judge, Thane in Sessions Case No.324/2015. The Appellant was convicted for commission of offence punishable under Section 302 of the Indian Penal Code, 1860. He was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default to suffer simple imprisonment for six months. 1/17 P.H. Jayani 49 APEAL101.2024.doc He was granted set-off under Section 428 of Cr.P.C. The Appellant was arrested on 17/04/2015 and since then, he is in custody. 2) Heard Ms. Jahnavi Karnik, learned Counsel for the Appellant and Ms. Supriya Kak, learned APP for the Respondent – State. 3) The prosecution case is that, the Appellant and the deceased - Rohit were close friends. There was a quarrel between them on 13/04/2015. According to the prosecution case, on 16/04/2015, at around 11:15 p.m., the Appellant stabbed Rohit multiple times near Mumbra Railway Station Ticket House, causing his death. Thus, he committed