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SADHANA S. JADHAV, SARANG V. KOTWAL
Dattatray Shankar Patil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. The Appellant has challenged the judgment and order dated 21.6.2012 passed by the Additional Sessions Judge, Vasai in Sessions Case No. 64/2010. The Appellant was convicted for commission of offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay a fine of Rs. 5,000/- and in default, to suffer rigorous imprisonment for one year. The Appellant was also convicted for commission of offence punishable under Section 201 of IPC and was sentenced to suffer R.I. for three years and to pay a fine of Rs. 3,000/- and in default to suffer R.I. for six months. The Appellant was given set off for the period during which he was an under-trial prisoner. The substantive sentences were directed to run concurrently.
2. Heard Shri Shailesh Kharat, learned counsel appointed for the Appellant and Smt. M.M. Deshmukh, learned APP for the State.
3. The prosecution case, in brief, is as follows:
Prosecution has sufficiently established this fact - Court not inclined to interfere with judgment and order passed by the trial Court.
The prosecution must prove guilt beyond reasonable doubt in homicide cases, relying on clear circumstantial evidence while providing plausible alternative explanations.
Murder - Conviction upheld - Medical evidence also shows that deceased had suffered injuries on head as mentioned earlier - Cause of death was “head injury.” Looking at nature of injuries, it is quit....
In cases of unnatural death in matrimonial homes, the husband bears the burden of proof to explain the circumstances, and conviction can be based on credible eyewitness testimony.
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
The burden of proving any exception to the definition of murder under section 300 of the IPC lies on the accused, and failure to discharge this burden can lead to upholding the conviction for murder.
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