Digitally signed by PRASHANT PRASHANTVILAS

2025:BHVILACS -ARSAN:E41584-DB RANE Date:

2025.09.30 20:21:55 +0530 APPEAL 30_2017FINAL .DOC VSA/PSV/KK/PVR IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 30 OF 2017 WITH INTERIM APPLICATION NO.593 OF 2022 WITH INTERIM APPLICATION NO.3994 OF 2024 WITH INTERIM APPLICATION (ST) NO.1640 OF 2020 WITH INTERIM APPLICATION NO.215 OF 2020 WITH INTERIM APPLICATION NO.1298 OF 2020 Manu @ Mohinder Madhuresh … Appellant s/o. Vivekranjan Abrol R/o. Flat No. 304, Nisarggiri Apartment, Kalewadi Phata, Pune Originally inhabitant of Bhopal, Madhya Pradesh Versus The State of Maharashtra (At the instance of Chaturshringi Police Station) …Respondents ____________

Mr. Tripurari Ray a/w. Ms. Riddhi Dhamecha i/b. Dhiren Shah for the appellant.

Ms. M.M. Deshmukh Addl. P.P. for the State.

______________

CORAM: G. S. KULKARNI &

ADVAIT M. SETHNA, JJ.

RESERVED ON: 28 APRIL 2025 PRONOUNCED ON: 26 September 2025 _______________

Judgment: (Per G.S. Kulkarni, J.) :-

1. The judgment has been divided into the following sections to facilitate analysis:-

2. This appeal by the appellant/accused questions the correctness of his conviction and sentence, challenging the judgment and order dated 14 December 2016 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.256 of 2009 by which the appellant-accused stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- and in default, further to suffer rigorous imprisonment for three months, and further his conviction for the offence punishable under Section 376 of the Indian Penal Code and sentence to suffer Rigorous Imprisonment of 7 years and to pay fine of Rs.1000/- and in default in payment of fine, to suffer rigorous imprisonment for two months.

3. This case concerns a brutal homicidal death of a young girl in her early twenties at the hands of the appellant/accused for reasons attributed to extreme hatred, jealousy and vengeance. Having gained employment at Pune, the deceased was away from her parents who were residing at Bhopal. The crime in question was the result of a rift in the love affair between the accused and the deceased since their college days. Thus, this is another unfortunate case where ordinary human conduct of a sensible and rational behaviour is subjugated by emotions of hostility and cruelty, reducing a human being to inhuman and demonic tendencies, leading to the commission of a grave crime.

4. The date of the incident is 20 October, 2008. The victim/deceased was a girl Ms. Khushbu Dinesh Mishra, aged 22 years old.

B. Facts

5. The facts necessary for decision of this appeal may briefly be stated:

PW-14 Madhusudan Narhar Joshi, Assistant Police Inspector, attached to Chaturshringi Police Station, was on night duty on 20 October 2008. At about 23.45 hrs., one Amit Kamble, security guard of Aditya Park Society, Balewadi, Pune (for short the “Aditya Park Society”), informed him on phone that a woman was murdered in Flat No.B-27. PW-14 accordingly reached the spot. He enquired with the security guard Amit Kamble, in regard to the incident, who informed him that a woman was murdered by cutting her neck. PW-14 visited the flat. He also called for the investigation car from Control Room. He also called two panchas and in the presence of Am