RIYAZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 12/07/2023 passed by the learned Additional Sessions Judge, Thane in Sessions Case No.324/2015. The Appellant was convicted for commission of offence punishable under Sec. 302 of the Indian Penal Code, 1860. He was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 and in default to suffer simple imprisonment for six months. He was granted set-off under Sec. 428 of Cr.P.C. The Appellant was arrested on 17/04/2015 and since then, he is in custody.

(2.) Heard Ms. Jahnavi Karnik, learned Counsel for the Appellant and Ms. Supriya Kak, learned APP for the Respondent - State.

(3.) The prosecution case is that, the Appellant and the deceased - Rohit were close friends. There was a quarrel between them on 13/04/2015. According to the prosecution case, on 16/04/2015, at around 11:15 p.m., the Appellant stabbed Rohit multiple times near Mumbra Railway Station Ticket House, causing his death. Thus, he committed the murder of the deceased Rohit. The FIR was lodged by Rohit's brother - Roshan Jadhav at around 02:00 a.m. in the night between 16th and 17/4/2015. The Appellant was also arrested in the night itself. The statements of the witnesses were recorded. The Spot Panchanama was conducted. The dead body was sent for post-mortem examination. At the instance of the Appellant, a knife was recovered. At the time of the Appellant's arrest, his clothes were seized. The articles were sent for chemical analysis. At the end of the investigation, the charge-sheet was filed. The case was committed to the Court of Session.