SURESH BAPU KOLI @ TARAL vs STATE OF MAHARASHTRA

Apeal-1286-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY PURTI PRASAD CRIMINAL APPELLATE JURISDICTION PARAB 1. The present Appeal has been filed challenging the impugned Judgment and Order dated 08.08.2022 passed by the Additional Sessions Judge- 2, Baramati, District Pune, in Sessions Case No. 09/2017 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 to pay a fine of Purti Parab 1 Apeal-1286-2022 Rs.2,500/- and in default to undergo Rigorous Imprisonment for 1 year. The Appellant has also been convicted under section 201 of the Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for six months and pay a fine of Rs. 500/- in default to suffer RI for 2 months. 2. Brief facts of the prosecution’s case are as under: a. On 04/09/2016, one Mahadev Baburao Gadhwe lodged a complaint that when he was going towards Pune at about 10:30 a.m., one person coming from the Baramati side told him that one person was lying on the road and some other persons were gathered there. Hence, the Complainant went at the site and found that near the field of one Majid Abbas Pathan, on the