J. B. PARDIWALA, R. MAHADEVAN
Sadashiv Dhondiram Patil – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
1. This appeal arises from the Judgment and Order passed by the High Court of Judicature at Bombay dated 3-7-2015 in Criminal Appeal No.70/94 by which the High Court allowed the acquittal appeal filed by the State of Maharashtra and thereby set aside the Judgment of the Additional Sessions Judge, Kolhapur dated 13-7-1993 in Sessions Case No.48/91 acquitting the appellant - herein (original accused) for the offence punishable under Sections 302 and 201 respectively of the Indian Penal Code (for short, the “IPC”).
2. The case of the prosecution may be summarized as under:- The deceased by name Lata was married to the appellant herein. A son was born in the wedlock. However, it appears that marital life was not happy. The appellant – herein was entertaining a doubt in his mind as regards the chastity of his wife. One day all of a sudden, the deceased went missing.
3. In such circumstances, the maternal uncle of the deceased by name - Yashwant Ganpati Patil (PW 5) went to the house of Village Police Patial by name Mr. Vasant Dattu Bhosale & informed him that his niece had gone missing.
4. It appears that on 20-10-1990 at about 9.30 p.m. PW 5 brought to the notice to PW 2 that his n
Ram Singh vs. the State of Maharashtra & Anr
Vistari Narayan Shebe v. The State of Maharashtra 1978 CrLJ 891 [Para 18]
The Supreme Court ruled that extra-judicial confessions made before a Village Police Patil are admissible, but must be credible and corroborated to support a conviction.
The presumption of innocence in criminal law reinforces the burden on prosecution to prove guilt beyond a reasonable doubt; acquittals cannot be disturbed without compelling evidence.
Extra-judicial confessions, even without prior acquaintance, can be credible if made immediately post-offence, supporting murder convictions.
Offence of Murder – Conviction modified - Quarrel between the accused and deceased.
Conviction based on unreliable evidence, particularly last seen theory and coerced extra-judicial confession, cannot meet the standard of proof beyond reasonable doubt.
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