LAXMAN DITA KAKAN vs THE STATE OF MAHARASHTRA

Judgment text excerpt

dtg 217-Apeal-101-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 101 OF 2025 WITH INTERIM APPLICATION NO. 301 OF 2025 WITH INTERIM APPLICATION NO. 302 OF 2025 Laxman Dita Kakan, ] Age : 58 years, Occupation : Labour, ] Resident of near Singapore International School, ] Mira Road, Thane – 401 104 ] Presently lodged as a life convict in ] Nashik Road Central Prison, Nashik ] … Appellant V/s. State of Maharashtra, ] Through Public Prosecutor, ] Address : Office of Public Prosecutor, ] 2nd Floor, PWD Building, High Court, ] Fort, Mumbai – 400 032 ] … Respondent _______________________________________ Mr. Amit A. Gharte, Appointed Advocate for Appellant. Mr. Ashish I. Satpute, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ. DATE : 14th January 2026 JUDGMENT : (Per : A.S. Gadkari, J.) :- 1) The Appellant has questioned correctness of Judgment and Order dated 10th July 2024, passed by the learned Sessions Judge, Thane, in 1/9 dtg 217-Apeal-101-2025.doc Sessions Case No. 6 of 2021, convicting him under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and also to pay a fine of Rs. 10,000/-, in default to payment of fine to undergo further imprisonment for three months. 2) Heard Mr. Gharte, learned appointed Advocate by Legal Aid Committee to represent the Appellant and Mr. Satpute, learned APP for Respondent, State. Perused entire record. 3) The name of the deceased is Deva @ Devilal and the time of incident is the intervening night of 3rd May 2020 and 4th May 2020. The place of incident is the room where the Appellant and deceased Deva @ Devilal used to reside. It is the prosecution case that, the Appellant and deceased w