SISHIRKUMAR GOPALCHANDRA PADHY (PADI) vs THE STATE OF MAHARASHTRA

Judgment text excerpt

sns 202-apeal-35-2025-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.35 OF 2025 Mr. Sishirkumar Gopalchandra Padhy (Padi) ] Age: 36 years, ] R/at : Chawl No. A, Room No. 7, ] Tilak Nagar Hos. Society, Krushna Nagar ] 90 Feet Road, Sakinaka, Mumbai ] (Presently Lodged in ] Kolhapur Central Prison, Kolhapur) ] … Appellant V/s. The State of Maharashtra ] (Through Sakinaka Police Station, ] Mumbai) ] … Respondent ______________________________________ Mr. Sandeep Karnik, Appointed Advocate through Legal Aid for the Appellant. Smt. P. P. Shinde, APP, for the Respondent-State. _____________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 10th April, 2026. PRONOUNCED ON : 8th May, 2026. Judgment (Per : Kamal Khata, J) :- 1) By the present Appeal, the Appellant seeks to quash and set aside the Judgment and Order passed against the Appellant by the trial Court on 27th June, 2024, convicting him under section 302 of the Indian Penal Code, 1860 (‘IPC’) and sentencing him to suffer life imprisonment Digitally 1/14 signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2026.05.08 15:33:53 +0530 sns 202-apeal-35-2025-J.doc and fine of Rs.20,000/- and in default of payment of fine, to undergo rigorous imprisonment (RI) for a period of six (6) months. The Appellant was also convicted under Section 452 of the IPC and directed to suffer rigorous imprisonment (RI) for one year (1) and a fine of Rs.500/- and in default of payment of such fine, to further undergo simple imprisonment (SI) for a period of two (2) months. 2) The case of the prosecution in brief, is as under :- 2.1) The Appellant was residing along with his 3 friends i.e. Santosh Gauda, Prashant Gauda and Jagannath Panigrahi in r