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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Avinash s/o Mahadeo Jadhav – Appellant
Versus
State of Maharashtra, Through Police Inspector, Police Station Omerga, Tq. Omerga, Dist. Osmanabad – Respondent
JUDGMENT :
(Abhay S. Waghwase, J.) :
1. This is statutory appeal by original accused by invoking Section 374 of the Code of Criminal Procedure (Cr.P.C.) questioning the judgment and order of conviction dated 29.12.2014 passed by Additional Sessions Judge, Omerga in Sessions Case No. 25 of 2013, thereby convicting the appellant for offence punishable under Section 302 of the Indian Penal Code (IPC).
2. The prosecution case in trial court is as under :
Deceased Manisha was married to appellant-accused two years prior to the incident. Initially, deceased Manisha and accused resided in Hadapsar, but later on shifted to village Hipparga (Rava) i.e. native of accused. Since six months prior to the incident dated 16.01.2013, accused started suspecting fidelity of deceased Manisha. He suspected that she had affair with his own brother and on such count, he used to harass her and beat her. On 16.01.2013 at around 5.30 p.m., accused strangulated Manisha to death in their own house. After autopsy, medical opinion was received that death was due to ‘asphyxia due to strangulation’ and therefore, PW2 father of Manisha set law in motion alleging murder of his daughter Manisha by accused son-in-law. O
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
The conviction for murder upheld, highlighting that circumstantial evidence and established patterns of cruelty can substantiate claims beyond reasonable doubt.
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The court affirmed the conviction under Section 302 IPC, emphasizing the necessity of a complete chain of circumstantial evidence and the burden on the accused to explain circumstances surrounding th....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
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