2026:BHC-AS:4768-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.629 OF 2023 Amol S/o. Punaji Mane Age : 55, Occ. Nil R/o. House No.290, New Khadaki, Sy, no.8, Yashwant Nagar, Yerwada Pune … Appellant V/s.

The State of Maharashtra (Copy to be served on G.P. of High Court) … Respondent ------

Mr. Vikas Shivarkar for the Appellant.

Ms. Supriya Kak, A.P.P. for the Respondent-State.

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CORAM : SARANG V. KOTWAL &

SANDESH D. PATIL, JJ.

DATE : 20^th & 21^st JANUARY 2026 Judgment (Per Sarang V. Kotwal, J.)

1) The Appellant has challenged the Judgment and Order dated 27^th April 2023, passed by the learned Additional Sessions Judge, Pune in Sessions Case No.255 of 2010. Vide the impugned Judgment and Order, the Appellant was convicted for commission of offence punishable under Section 302 of the Indian Penal Code (in short “I.P.C.”). He was sentenced to suffer life imprisonment and to pay a fine of Rs.3,000/-, and in default to suffer further rigorous imprisonment for six months. He was acquitted from the charges of commission of offence punishable under Section 324 of the I.P.C. The Appellant was arrested on 11^th November 2009 and he was granted bail pending trial on 9^th December 2010. He was given set-off under Section 428 of the Code of the Criminal Procedure. After his conviction, again he was taken in custody. 2) Heard Mr. Vikas Shivarkar, learned Counsel for the Appellant and Ms. Supriya Kak, learned A.P.P. for the Respondent-State.

3) The Prosecution’s case in brief is as follows :-

The deceased in this case, Manoj Jadhav and P.W. 2 Ganesh Mane were working with the Appellant, who was in the business of land transactions. The deceased Manoj Jadhav and Ganesh Mane suspected that the Appellant was indulging in illegal activities in these transactions and, therefore, they left his job. The Appellant was not happy with the situation. He threatened to kill both of them. On 8^th November 2009, in the evening, the Appellant went to Diamond Chowk, at Yerwada, Pune. He was carrying a baseball bat with him. He started assaulting P.W.2 Ganesh Mane. Manoj Jadhav came there subsequently and tried to help Ganesh Mane. It is the case of the Prosecution that there was a scuffle. The Appellant took out a Rambo Knife, which he had hidden near his waist and gave a blow on the back of Manoj Jadhav, causing grievous injury. Manoj’s relatives took him to a hospital, but he succumbed to his injuries. The F.I.R. was lodged and the investigation commenced. The Appellant was admitted in a hospital. He was arrested after his discharge on 11^th November 2009. The blood stained clothes of the Appellant, the deceased and the witness, were seized. The knife was recovered at the instance of the Appellant from a showcase in his house. Different panchnamas were conducted. The articles were sent for chemical analysis. On the conclusion of the investigation, the chargesheet was filed and case was committed to the Court of Session.

4) During the trial, the Prosecution examined 16 witnesses, including the injured witness Ganesh Mane, other eye witnesses, the medical officer, panchas and the Investigating Officer.

5) The defence of the Appellant was that Ganesh Mane had come to his office in the afternoon and had taken certain amount forcibly. The Appellant went to ask for returning that amount, but Ganesh Mane and his friends, including the deceased Manoj Jadhav assaulted him. According to him, he did not know how Manoj suffered injuries. He himself had suffered many injuries. He then went to the Police Station. Police did not take cognizance of his complaint. He was admitted to the hospital for three days. After his discharge, he was arrested.

6) The learned Judge considered the evidence on record. The Appellant also examined three defence witnesses, including himself, his friend and one Police Officer.

7) The learned Judge believed the evidence of the eye witnesses and the recovery of the weapon at the instance of the Appellant.