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SUNIL B. SHUKRE, G. A. SANAP
Raju @ Mukesh S/o. Punamchand Dangre (Patel) – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station Malkapur – Respondent
JUDGMENT :
G.A. Sanap, J.
1. These two appeals arise out of the Judgment in Sessions Trial No.86/2012 and therefore, the same are being disposed of by common Judgment. The appellants have challenged the Judgment and order dated 13/04/2016 passed by the learned Additional Sessions Judge, Malkapur, whereby the learned Additional Sessions Judge convicted and sentenced the appellants for the offences punishable under Sections 302, 307, 353, 201 of the Indian Penal Code and under Section 25 of the Arms Act, 1959. The sentences awarded to them are as follows :-
[i] Under Section 302 of the Indian Penal Code, the appellants were sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.1,000/- each, and in default, to suffer Rigorous Imprisonment for six months.
[ii] Under Section 307 of the Indian Penal Code, the appellants were sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs.1,000/- each, and in default, to suffer Rigorous Imprisonment for six months.
[iii] Under Section 353 of the Indian Penal Code, the appellants were sentenced to suffer Rigorous Imprisonment for one year and to pay fine of Rs.1,000/- each, and in default, to suffer Rigorous I
The central legal point established in the judgment is the requirement for proper identification in court and the need for reliable and untampered evidence in criminal cases.
The reliability of eye-witness testimonies and the test identification parade in establishing the guilt of the accused.
1) Evidence of police officers cannot be rejected only on the ground that it is not supported by independent witnesses.(2) Presumption of innocence must be maintained until accused is found guilty.
The prosecution must prove the charges against the accused beyond reasonable doubt, and unreliable witnesses, lack of a source of light, doubts about the place of occurrence, and lapses in the invest....
The main legal point established in the judgment is the reliance on eyewitness testimonies, recovery of murder weapons, and identification of the accused to prove guilt beyond reasonable doubt in a m....
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