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R.K.DESHPANDE, M.G.GIRATKAR
Bhupesh @ Rinku s/o Vitthalrao Tichkule – Appellant
Versus
State of Maharashtra, through Police Station Officer, Sakkardara, Nagpur – Respondent
Key Points: - The court upheld the conviction of all accused for murder and related offenses, finding the circumstantial evidence conclusive and without any missing links [4000570160001][4000570160145]. - The incident of murder of Jitendra Marotrao Gawande on 10-1-2013 in Seven Hills Bar and Restaurant, Nagpur, was not disputed [4000570160001]. - The court found that the CCTV footage, despite challenges regarding its admissibility as electronic evidence, was true and genuine and consistent with oral evidence [4000570160115][4000570160145]. - The court determined that the electronic evidence (Hard Disk, CD, DVD) was admissible even without a Section 65B certificate because the primary and secondary evidence were proven to be true and genuine, and no objections were raised regarding tampering or authenticity at the appropriate stages [4000570160115][4000570160145]. - The court found that the evidence established an unlawful assembly of six accused persons who conspired to commit the murder, with each member having a specific role [4000570160143][4000570160145]. - Recoveries of bloodstained knives and vehicles used in the crime were established under Section 27 of the Evidence Act [4000570160007][4000570160008][4000570160030][4000570160031][4000570160144]. - The court found the oral evidence of PW 4 Pramod, the brother of the deceased, to be trustworthy in establishing the motive and identifying the assailants based on CCTV footage [4000570160143]. - The court found the eyewitness testimony of PW 1, PW 2, and PW 3 to be unreliable for identifying the accused, as they were declared hostile and refused to identify the assailants [4000570160129][4000570160145]. - The court noted that the chain of circumstantial evidence was completely established without any missing link, consistent only with the hypothesis of guilt [4000570160001][4000570160145]. - The court dismissed all appeals, upholding the conviction and sentences imposed by the Sessions Court [4000570160146].
R.K. DESHPANDE, J.
1. All the accused persons are convicted for the offences punishable under Section 302 read with Sections 120B and 149 of the Indian Penal Code (“IPC”) apart from the offences under Sections 147, 148, 506-B and 149 of IPC in relation to the murder of one Jitendra Marotrao Gawande on 10-1-2013 between 5.30 p.m. and 6.30 p.m. in the Seven Hills Bar and Restaurant at Sakkardara, Nagpur. All of them are sentenced to suffer rigorous imprisonment for life for the offences punishable under Sections 302, 120B and 149 of IPC with fine of Rs.2,000/-, to suffer rigorous imprisonment for a period of one year with fine of Rs.5,000/- for the offence punishable under Section 147 of IPC, and to suffer rigorous imprisonment for a period of two years for the offences punishable under Sections 506B and 149 of IPC with fine of Rs.5,000/-. All the sentences are directed to run concurrently.
Facts of the case :
2. The incident of murder of Jitendra Marotrao Gawande at 5.30 p.m. on 10-1-2013 in the Seven Hills Bar and Restaurant (“the said Bar”) at Sakkardara, Nagpur, is not in dispute. The story deposed by PW 1 Raghuveer Ramesh Vallabhdas, the Manager of the said Bar, is that o
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