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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Sanjay Ramchandra Pokharkar – Appellant
Versus
State of Maharashtra (At the instance of Koparkhairne Police Station) – Respondent
JUDGMENT :
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/- 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 ceremony of his friend. It is further the case that when her son did not come back for the entire night and he could not be traced out, she filed missing report on 27/05/2010.
b. It is further the case that on 29/05/2010, an intimation was received by Rabale Police station that one dea
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