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VIKRAM NATH, AHSANUDDIN AMANULLAH
Suresh Thipmppa Shetty – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
AHSANUDDIN AMANULLAH, J.
Heard learned counsel for the parties.
2. These appeals are directed against the common Final Judgment and Order dated 05.11.2009 (hereinafter referred to as the “Impugned Judgment”) passed by a Division Bench of the High Court of Judicature at Bombay (hereinafter referred to as the “High Court”) in Criminal Appeals No. 50 of 2003 (Accused No. 4/A4 – Suresh Thipmppa Shetty) and 522 of 2003 (Accused No. 2/A2 – Sadashiv Seena Salian) respectively, whereby the High Court dismissed the appeals filed by the appellants herein and upheld the conviction order(s) passed by the Sessions Court. The State’s appeal against the acquittal of 4 co-accused i.e., A1, A5, A6 and A7 (Criminal Appeal No. 496 of 2003) as also Criminal Appeal No. 86 of 2003 by the Accused No. 3/A3 (Ganesh alias Annu Shivaram Shetty, who later passed away), were dismissed by the Impugned Judgment.
THE FACTUAL PRISM:
3. Briefly put, relevant details of the story run thus:
3.1 The prosecution alleges that the original accused A1, A2 and A7 were in the Colaba Police Station lockup from 23.0
Murder and criminal conspiracy – Liberty of a person should not ordinarily be interfered with unless there exist cogent grounds therefor--Conviction can only be sustained in absence of reasonable dou....
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
Eyewitness testimony, even from related witnesses, must be evaluated seriously, and a conviction can be sustained on such evidence if corroborated by additional reliable sources.
The court upheld the conviction for murder but commuted the death penalty to life imprisonment due to lack of aggravating circumstances and potential for rehabilitation.
The court considered the petitioner's entitlement to bail based on the intermediate quantity of the contraband, the petitioner's judicial custody, and lack of criminal antecedents.
Murder – If two reasonable conclusions are possible on the basis of evidence on record, Appellate Court should not disturb findings of acquittal recorded by Trial Court on the ground that another vie....
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