2026:BHC-AS:2434-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.840 OF 2018 Jamaluddin Nizamuddin Khan Age-23 Yrs, Occ-Nil., R/at. Chawl in front of Spectra Motors, Savarkar Nagar, Road No.33, Wagle Estate-Thane.

(Nagpur Central Prison) … Appellant/

(Org.Accused No.1.)

Versus The State of Maharashtra (Through Wagle Estate Police Station) … Respondent WITH CRIMINAL APPEAL NO.1437 OF 2019 Bharat Shyamrao Koli @ Rony Age-28 Yrs, Occ-Nil., R/o. Raigad Galli, Room of Salvi, Besides Ashok Chavan, Ambikanagar No.2 Wagle Estate, Thane.

At present in Nagpur Central Prison, Wardha Road, Ajni Chowk, Dhantoli, Nagpur) … Appellant/

(Org.Accused No.2)

Versus State of Maharashtra (Through Wagle Estate Police Station Cr.No.I-195/2014) … Respondent.

Mr Ayush Pasbola, a/w Mr Sankalp Vichare, i/b Mr Akshay Giri, for the appellants/accused.

Mr Tanveer Khan, AGP, for Respondent/State.

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CORAM: BHARATI DANGRE &

R.N. LADDHA, JJ.

DATE : 5th JANUARY, 2026.

Judgment (Per RN Laddha, J.) :

These appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (‘CrPC’), are directed against the impugned judgment and order passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.569 of 2014, convicting and sentencing the accused/appellants to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- each, and in default whereof to further undergo six months simple imprisonment under Sections 302 read with 34 of the Indian Penal Code (IPC); to suffer rigorous imprisonment for three years and pay a fine of Rs.5,000/- each, and in default, to undergo simple imprisonment for three months under Sections 201 read with 34 of the IPC; to suffer rigorous imprisonment for one year and pay a fine of Rs.2,000/- each, and in default, to undergo simple imprisonment for one month for the offence punishable under Sections 324 read with 34 of the IPC; and to suffer rigorous imprisonment for three months and pay a fine of Rs.1,000/- each, and in default, to undergo simple imprisonment for fifteen days for the offence punishable under Sections 323 read with 34 of the IPC. All sentences were directed to run concurrently.

2. The facts that are essential to be exposited for the disposal of these appeals are that the complainant, Shashikant Gulab Jagtap, is the brother of the deceased, Rajendra Gulab Jagtap. The deceased resided in a room in a chawl at Savarkarnagar, Wagle Estate, Thane, and was engaged in the business of auto- rickshaw parking. The accused, Jamaluddin, was employed by the deceased for the said work and was residing with him, while the accused Bharat Koli alias Rony, a friend of Jamaluddin, frequently visited the said premises. The injured witnesses, Sandeep Raut and Mahadev Pawar, were also working and residing with the deceased.

3. It is alleged that on 26 July 2014, at about 11.00 p.m., a dispute arose between the deceased and the accused persons regarding parking charges. Pursuant to their common intention, both accused assaulted the deceased with a wooden plank, a metallic utensil, and by inflicting fist and kick blows, thereby causing his death. They further assaulted the injured witnesses, compelling them to flee from the scene. Subsequently, the accused poured kerosene inside the room, set it ablaze, and absconded from the spot.

4. It is further the case of prosecution that in the early hours of 27 July 2014, the complainant was informed by the police regarding a fire incident. Upon reaching the spot, he found the deceased lying dead in a partially burnt condition. On the basis of the information so received, an offence came to be registered at Wagle Estate Police Station. Upon completion of the investigation, a charge sheet was submitted against the accused. The learned trial Court framed the charge against the accused for the offences punishable under Sections 302, 201, 342, 324, 323, 504, and 506 read with Section 34 of the IPC. The accused abjured their guilt and claime