SANJAY RAMCHANDRA POKHARKAR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

appeal-546-2012 final.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.546 OF 2012 Sanjay Ramchandra Pokharkar } Age : 25 Years, Occup : ----- } Residing At : Annasaheb Patil } Society, } Room No. 572, Sector – 4, Ghansoli, } Navi Mumbai. } .......Appellant V/s. The State of Maharashtra } (At the instance of Koparkhairne } Police Station) } .........Respondent ------------------- Ms. Trupti Khamkar (Appointed through Legal Services Committee) a/w Mr.Ashok A. Rao for the Appellant. Dr. Dhanlakshmi S. Krishnaiyer, APP for the Respondent-State. VARSHA -------------------- DEEPAK GAIKWAD CORAM : MANISH PITALE & Digitally signed by VARSHA DEEPAK GAIKWAD SHREERAM V. SHIRSAT, JJ. Date: 2026.03.30 19:01:12 +0530 RESERVED ON : 29th JANUARY 2026. PRONOUNCED ON : 30th MARCH 2026. JUDGMENT: (PER SHREERAM V. SHIRSAT, J). 1. The present Appeal has been filed challenging the impugned Judgment and Order dated 05.03.2012 passed by the Additional Sessions Judge, Thane in Sessions Case No. 356/10 whereby the Appellant has been convicted under Section 302 of the Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for life and pay a fine of Rs. 5,000/- Purti/varsha 1 of 28 appeal-546-2012 final.doc and in default to undergo Rigorous Imprisonment for 6 months. The Appellant has been acquitted of the offence under Section 201 of IPC by the Additional Sessions Judge, Thane. 2. Brief facts of the prosecution’s case are as under: a. On 27/05/2010, a missing complaint was filed by one Mangal Prabhu Gade, mother of the deceased, stating that her son Amol Prabhu Gade, aged 18 years old, had left the house at about 06.00 p.m on 26/05/2010. It is further the case that her son had told her that he was going for attending one marriage c