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G. A. SANAP, SUNIL B. SHUKRE
Nivrutti Ninaji Ghule – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
G. A. SANAP, J.
1. In this appeal, challenge is to the judgment and order dated 28th December, 2018 passed by the learned Additional Sessions Judge, Khamgaon, Dist. Buldhana, in Sessions Trial No. 45 of 2013, whereby the learned Judge has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500/-. In default of payment of fine, he is ordered to suffer rigorous imprisonment for one month.
2. The facts leading to this appeal are as follows :
The informant (PW1) is the father-in-law of deceased Sharda. The incident occurred on 23rd of April, 2013 around 12.15 p.m. The appellant is the nephew of the informant. The facts recorded in the first information report have unfolded the incident. The appellant was raising dispute with the deceased and Shrawan, husband of the deceased, for vacating the land. The informant on the date of incident went to Khamgaon to see his daughter’s son, who was admitted in the hospital. At about 1.00 p.m. Laxman Paraskar (PW8) made a phone call to him and informed him that the appellant had assaulted his daughter-in-law by axe. Laxman (PW8
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The main legal point established in the judgment is the burden of proof on the accused to establish any exception upon which they rely, and the reliance on credible evidence to establish guilt beyond....
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
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