SANTOSH BALARAM KHARKAR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

KSG 239-APEAL-730-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 730 OF 2019 Santosh Balaram Kharkar Age :- Adult, Occu : Tailor R/o. PutubaichaPada, Taluka :Alibag, Dist:- Raigad. … Appellant V/s. The State of Maharashtra Revdanda Police Station, Alibag, Dist.Raigad. … Respondent _______________________________________ Mr. Aditya Bapat for Appellant Appointed by Legal Aid Committee. Mr. Shreekant V. Gavand, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 10th September, 2025. JUDGMENT. : (Per : A.S. Gadkari, J.) 1) Appellant has impugned Judgment and Order dated 11 th January, 2019, passed by the learned Ad-hoc Additional Sessions Judge-1, Raigad- Alibag, in Sessions Case No.98 of 2016, convicting him under Sections 302 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to further suffer rigorous imprisonment for 6 months. 1/14 KSG 239-APEAL-730-2019.doc 1.1) By the same Judgment, the Appellant is acquitted for the offence punishable under Section 504 of the IPC. 2) Heard Mr.Bapat, learned Advocate appointed by the Legal Aid Committee, High Court, Mumbai to represent the Appellant and Mr.Gavand, learned APP for the State. Perused entire record. 3) The name of deceased is Nandkumar Raut. The date and time of incident is 21st July, 2016 at about 5.15 p.m. 3.1) It is the prosecution case that, on 21 st July, 2016, at about 1.30 p.m. Smt.Nandini N. Raut (PW No.1), the wife deceased was informed by Mr.Shrikant N. Raut (PW No.5), that, a quarrel between the deceased and another person was going on near Chunegaji Bridge. Th