DEEPAK MADHU WAGHMARE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

01-Cr.A.-610-2021(2).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 610 OF 2021 Deepak Madhu Waghmare } Age 50 years, resident of Honad } Adiwasiwadi, Tal- Khalapur, } Dist- Raigad } ...Appellant Versus The State of Maharashtra } (Through Khopoli Police Station } CR No.174/ 2017) } ...Respondent Mr. Yashodeep Deshmukh (Appointed Advocate) a/w. Ms. Vaidehi Deshmukh, for the Appellant. Ms. Sharmila S. Kaushik, APP, for the Respondent–State. CORAM : MANISH PITALE, J. MANJUSHA DESHPANDE, J. RESERVED ON : 18th NOVEMBER 2025 PRONOUNCED ON : 19th JANUARY 2026 JUDGMENT: (Per Manjusha Deshpande, J.) : 1. This Criminal Appeal is directed against the Judgment and order dated 15.01.2019, passed by the Sessions Judge Raigad at Alibaug convicting the Accused for offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs. 1,000/-, and in default of fine to suffer further simple imprisonment for 3 months. RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Page 1 of 24 Date: 2026.01.20 18:21:12 +0530 Sneha Bang 01-Cr.A.-610-2021(2).doc 2. The Appellant has challenged the order of conviction on various grounds, his two primary grounds of challenge are that there are missing links, in the chain of evidence relied upon by the prosecution, rendering the chain of circumstantial evidence incomplete and insufficient to convincingly establish the guilt of the Accused. The other relevant and important ground of challenge is that the conviction is also based on the so-called “judicial confession” allegedly made by him, which was not given voluntarily rendering it unworthy of reliance. 3. The Brief facts giving rise to the present appeal are as under: The s