VISHAL GANESH KASABE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the Judgment and Order dated 23rd October 2019 passed by the learned Additional Sessions Judge, Pune in proceeding bearing Session Case No. 751 of 2013, by which the learned Additional Sessions Judge convicted the Appellant under Section 302 read with 34 of the Indian Penal Code (hereinafter referred as "IPC") and sentenced him to suffer imprisonment for life and to pay fine of Rs. 5,000/-(Rupees Five Thousand Only). The appellant was however acquitted of the offence punishable under Section 120 B of the IPC.

(2.) The present Appellant is Original Accused No.2 (Vishal Ganesh Kasabe). By the impugned Judgment and Order, the Appellant, as well as Lallya @ Vishal Ravindra Dadar (Original Accused No.1), were convicted for the offence punishable under section 302, read with 34 of the IPC. Both, the Appellant as well as Lallya @ Vishal Ravindra Dadar (hereinafter referred to as Accused No. 1) have preferred separate appeals against the impugned Judgment and Order before this Court. By a separate order dated 26th November 2025, we have de-tagged the appeal of the accused No.1, Lallya @ Vishal Ravindra Dadar, since the said accused is absconding. Accordingly, the said appeal bearing No. 1725 of 2019 preferred by Lallya @ Vishal Ravindra Dadar is adjourned sine die.

(3.) It is the prosecution case, that on 2nd June, 2013,while returning home, Jitendra was assaulted by accused No.1 - Lallya, and others, including the appellant ; that Jitendra on way to the Hospital disclosed the names of the assailants to PW 3 Laxmi Gaikwad and PW 4 Deepak Kamble, who in turn informed the incident to Rajan (Jitendra's brother). On learning of the incident, Rajan Gaikwad lodged an FIR as against Lallya Dadar for the offence punishable under Section 302 of IPC. The appellant was named by the complainant in his supplementary statement. During the course of investigation the appellant was arrested. After investigation police filed chargesheet against accused including the appellant in the Court of the learned JMFC, Pune. Since the offence under Section 302 of IPC was triable by the Sessions Court, the case was transferred to the Court of Sessions, Pune, for trial.