ASHOK SHANKAR MHATRE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Appeal-705-2012 Digitally signed by ANANT ANANT KRISHNA KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAIK Date: CRIMINAL APPELLATE JURISDICTION 2026.02.05 17:20:15 +0530 CRIMINAL APPEAL NO. 705 OF 2012 Ashok Shankar Mhatre Age 47 years, Occ: Business, Resident of Jivdani Chawl, Dongripada, Narangi, Virar (E), Taluka Vasai (At present in Kolhapur Central Prison, Kalamba at Kolhapur …Appellant Versus The State of Maharashtra …Respondent ________ Mr. D. S Mhaispurkar a/w Mr. H. S. Pawaskar, Mr. R.S. Patil i/b Mr. Ashish Sawant for Appellant. Ms. Sangita E. Phad, APP for Respondent/State. ________ CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. RESERVED ON : 13th JANUARY 2026. PRONOUNCED ON : 5th FEBRUARY 2026. JUDGMENT : ( Per : SHREERAM V. SHIRSAT, J.) 1. The present Appeal has been filed challenging the Impugned Judgment and Order dated 05.05.2012 passed by the Additional Sessions Judge, Vasai in Sessions Case No. 48 of 2010, whereby the Appellant was convicted under Section 302 of the Indian Penal Code (I.P.C.) and has been sentenced to suffer Life Imprisonment with fine of Rs.3,000/- and in default to undergo Simple Imprisonment for 6 months. The Appellant was also convicted for offence under Section 201 of I.P.C., and has been sentenced to suffer Rigorous 1 Appeal-705-2012 Imprisonment for 3 years and to pay a fine of Rs. 2,000/- and in default to suffer Simple Imprisonment for 3 months. 2. Brief facts of the case of the prosecution are as under: a. It is the case of the prosecution that on 10 th January 2010 at about 9.00 a.m. when the Complaint P.W. 1 - Prashant Raut was on his way towards National School, he saw a dead body with crushed face under a Tamarind Tree near National School. Since the place was falling within the jurisdiction of Virar Police St