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A.H.JOSHI, U.V.BAKRE
Manik son of Sitaram Jibhkate – Appellant
Versus
State of Maharashtra – Respondent
The provided document discusses the importance and reliability of identification procedures in criminal cases. It emphasizes the significance of identification parades and the necessity for proper procedures to establish the identity of accused persons. The document notes that identification should be based on clear and credible evidence, and that the involvement of accused persons in the identification process must be established through proper conduct and adherence to legal standards. It also highlights that identification evidence must be scrutinized carefully to ensure its trustworthiness, especially when the identification is not made through individual, isolated acts but as part of collective proceedings. Overall, the document underscores that identification is a crucial aspect of proof in criminal law, but it must be conducted and evaluated with due diligence to be considered reliable.
Criminal Appeal No. 88 of 1997 is preferred by State. All the respondents were tried in Sessions Case No. 21 of 1996 for various offences. State is aggrieved due to the acquittal of various accused persons in relation to different charges. The acquittal of Accused Nos. 8 and 9 is not challenged.
Remaining five appeals are preferred by different accused persons who are aggrieved by conviction and sentence ordered against them.
2. The accused were charged for intentionally and knowingly causing custodial homicidal death of Shama alias Kalia son of Nanu Uke between 15 and 22nd December, 1995 at Police Station Gondia City, Gondia. Some amongst them were charged for extortion of confession for commission of offence and for recovery of stolen property from [1] deceased Shama alias Kalya, [2] Smt. Amrutabai, wife of deceased, [3] Smt. Manjulabai, mother of deceased, [4] Smt. Tarsanbai, mother-in-law of deceased, [5] Smt. Vimal Sahare, and [6] Ku. Rekha Sahare.
All accused were charged for screening the evidence of offence committed by Accused Nos. 1 to 7. The analysis of charge is as follows:-
Sr. No. Accused number and his name Sections as to offence
a. Accused No.1 – Ma
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