HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MANISH PITALE
HON'BLE SHRI JUSTICE SHREERAM VINAYAK SHIRSAT
MANOJ RAMAJI CHAVARE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
JUDGMENT : (Per Shreeram Shirsat, J.)
1. The present Appeals have been filed by the Appellants challenging the impugned Judgment and Order dated 16.07.2019 passed by the Additional Sessions Judge-1, Vasai in Sessions Case no. 98/2017 whereby the Appellants have been convicted under section 235(2) of Cr.P.C. for the offences punishable under section 302 r/w 34 of the Indian Penal Code (IPC), 1860 and have been sentenced to undergo Imprisonment for life and pay a fine of Rs. 1,000/- and in default to undergo Rigorous Imprisonment for 1 month.
2. Although the Appellants have preferred two separate appeals, both the Appeals are being disposed of by a common order since the Appellants are convicted vide common judgment and order dated 16/7/2019 passed by the Additional Sessions Judge-1, Vasai in Sessions Case no. 98/2017. For the sake of brevity and contextual convenience, the Appellants are referred herein as to Appellant No 1 who is Accused No 1 Manoj Ramji Chavre and who has preferred Appeal No 108/2020 and Appellant No 2 who is Accused No 2 Baburao Nimbaji Yesenkar and who has preferred Appeal No 1195/2023.
3. Brief facts of the prosecution’s case are as under:
a) On 26/06/2017, a F
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