The State Of Maharashtra vs Ramkirat Munilal Goud
2021 Latest Caselaw 16133 Bom

                                                                                            conf. case-1.19.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION
                                          CONFIRMATION CASE NO.1 OF 2019
                                                       WITH
                                           CRIMINAL APPEAL NO.661 OF 2019
                         The State of Maharashtra                            ... Appellant
                         V/s.
                         Ramkirat Munilal Gaud                               ... Respondent
                                                      -------------------
                         Mr. Sachin R. Pawar a/w Mr. Nikhil Mallelwar a/w Rohan Dilip Kaiche
                         a/w Amjith Anandhan for the Respondent in Conf. Case No.1 of 2019
                         and for the Appellant in Apeal/661/2019.
                         Ms. M.M. Deshmukh, APP for the Respondent - State.
                                                     ---------------------
                                               CORAM : SMT. SADHANA S. JADHAV &
                                                       PRITHVIRAJ K. CHAVAN, JJ.

DATE : 22nd NOVEMBER 2021.

P.C. :

1. Today, the learned APP has placed on record an affidavit of

the Assistant Commissioner of Police who was the Investigating Officer

in Crime No.306 of 2013 registered at Kasarwadavali Police Station

against the appellant on 30th September 2013. Similarly, the learned

counsel representing the appellant has also filed an affidavit of the

convict - appellant and it is stated that he is innocent and has been

falsely implicated. It is also stated that he belongs to lower income Digitally signed by PALLAVI PALLAVI MAHENDRA MAHENDRA WARGAONKAR WARGAONKAR Date:

2021.11.22 16:29:46 +0530

group and belongs to Scheduled Caste Category which is verified from

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his Ration Card. The affidavits are taken on record and marked as "X"

and "Y" for the purpose of identification. After perusing the affidavit

this Court has interacted with the convict - appellant and has

questioned as to whether he has followed the contents of the affidavit.

The convict - appellant contends that the affidavit was read over to

him and explained by the Superintendent of Yerwada Central Prison,

Pune. He continues to maintain that he has been falsely implicated. He

has further contended that he was not on inimical terms with anyone

during those two weeks preceding this incident. The affidavits are

taken on record and can be considered in view of the judgments of the

Apex Court in the case of Bachan Singh v. State of Punjab1 and Macchi

Singh and Ors. v. State of Punjab 2 as well as Mohd. Mannan alias

Abdul Mannan Vs. State of Bihar3.

    (PRITHVIRAJ K. CHAVAN, J)         (SMT. SADHANA S. JADHAV, J)





       .    1980(2) SCC 684

       .    1983(3) SCC 470

       .    (2019) 16 SCC 584

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