MANOJ MANSARAM MARASKOLLE vs STATE OF MAHARASHTRA

Judgment text excerpt

pmk cri-apeal-502-2025(1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.502 OF 2025 Manoj Mansaram Maraskolle ] Age : 38 Years, Occ. Waiter ] R/a. Madhav Bhavan Compund, Khadilkar ] Road, Girgaon, Mumbai ] Permanent Address : ] A/P, Tilli, Taluka : Goregaon, Dist. Gondiya ] Maharashtra ] Presently lodged at Kolhapur Central Prison ] as Prisoner No.C-8213 ] … Appellant (Original Accused) V/s. The State of Maharashtra ] V. P. Road Police Station, Mumbai ] … Respondent Mr. Prosper D’souza Appointed Advocate through Legal Aid for the Appellant. Ms. M. H. Mhatre, APP for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 18th March, 2026. JUDGMENT (PER : KAMAL KHATA, J.) :- 1) By this Appeal, the Appellant seeks to set aside the impugned Judgment and Order dated 8th November, 2024 passed by the learned Additional Sessions Judge, Greater Mumbai in Session Case No. 556 of 1/11 pmk cri-apeal-502-2025(1).doc 2022 and consequently seeks acquittal. 2) The Appellant is presently undergoing life imprisonment at Kolhapur Central Prison, Kolhapur (C-8213), having been convicted by the learned Additional Sessions Judge in Sessions Case No. 556 of 2022 for an offence punishable under Sections 302 of the Indian Penal Code, 1860(IPC). He has been sentenced to imprisonment for life with a fine of Rs.2000/-, in default to suffer rigorous imprisonment for four months. 3) The prosecution's case is that the Complainant (PW-1), a resident of the Wadi, was aware that, both the deceased and the Appellant were working in the said area and for the past 8 to 10 years, prior to the date of incident, had been sleeping in front of the Rajashree Card Manufacturing Company. 4) According to PW-1 a social worker, on 3 rd March 2022 at