SANTOSH KANTILAL KHARVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, original accused No.1 has questioned the correctness of Judgment and Order dtd. 19/12/2014, passed by the learned Special Judge (CBI), Greater Mumbai, in Sessions Case No. 666 of 2011, convicting him under Sec. 302 read with Sec. 149 and under Sec. 147 of the Indian Penal Code (for short, "I.P.C.") and is sentenced to suffer imprisonment for life and to pay a total fine of Rs.2,500.00, in default of payment of fine to further suffer imprisonment of specified period. 1.1) By the impugned Judgment and Order, the learned Judge of the trial Court was pleased to acquit original accused Nos.2 to 5 from the same said offences charged against them.

(2.) Heard Mr. Sugdare, learned Advocate appointed by the Legal Services Committee to represent and espouse the cause of Appellant and Mr.Yagnik, learned A.P.P. for Respondent-State. Perused entire record.

(3.) It is the prosecution case that, on 10/6/2011 after having dinner at about 9.15 p.m., the informant (PW-1) left his house and went towards the open space of Shivneri Seva Mandal, Bhatwadi, Ghatkopar, Mumbai, which was situated near his house where his friends used to gather and sit at the said place. Mangesh Ghadge (deceased) was standing near a Paan (betel leaf) shop and was smoking cigarette. The informant took Gutkha and at the request of Mangesh accompanied him to go downside of the said hillock. They were proceeding to Bhatwadi Market road situated at Barve Nagar, Ghatkopar. They reached in front of the gate of school No.1. At that place 20 to 25 boys were sitting and many of them were consuming liquor. The boys namely Dharma, Munna, Santosh, Roshan etc. were also standing there. Dharma and Munna were residing in the area of informant (PW-1). Appellant and Roshan were residing in Municipal Colony at Barve Nagar.