Roshan Jaywant Pagare vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1416

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Manish Pitale, Manjusha Deshpande
Roshan Jaywant Pagare – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Appellant : Ms. Pushpa Ganediwala a/w. Ms. Anima Mishra, Mr. Vinod Patil, Mr. Anuj Singh, Mr. Anshu Agrawal and Mr. Ankit Rathod for appellant in
For the Respondent: Ms. Sangita Phad, APP

Table of Content
1. overview of the incident and facts of the case (Para 1 , 2 , 3 , 4)
2. defendants' primary arguments against conviction (Para 10 , 11 , 12 , 13 , 14)
3. court's observations on evidential assessments (Para 24 , 29 , 31 , 35)
4. final conclusion and order of acquittal (Para 58 , 59 , 60)

JUDGMENT :

MANISH PITALE, J.

By these appeals, the appellants (original accused Nos.1 and 3 to 6) have challenged judgment and order dated 10.11.2020 passed by the Court of Additional Sessions Judge (Court No.6), Nashik, hereinafter referred to as the trial Court, whereby the appellants have been convicted and sentenced under Sections 302, 324, 143, 147, 148 and 307 of the Indian Penal Code, 1860 (IPC). They have been sentenced for imprisonment under the aforesaid provisions, for periods ranging between 6 months to rigorous imprisonment for life, along with directions to pay fine amounts, failing which specific sentences of imprisonment have been imposed. The original accused Nos.2, 7 and 8 were acquitted by the trial Court.

2. The case of the prosecution in brief is that in the night of 17.08.2017 at about 10:00 p.m., when Suraj Khode (P.W.4) went for a walk and reached in the front of