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ROHIT B. DEO, URMILA JOSHI-PHALKE
Gopalrao Dnyanobaji Borkar – Appellant
Versus
State of Maharashtra, through P. S. O. Tiosa – Respondent
JUDGMENT :
Urmila Joshi-Phalke, J.
Heard finally with the consent of learned Counsel for the parties.
2. By this appeal, the appellant (hereinafter referred as ‘accused’) has challenged the judgment and order of sentence passed by the Additional Sessions Judge-3, Amravati on 29/04/2019 in Sessions Case No.178/2016 whereby the accused is convicted of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for short) and is sentenced to suffer imprisonment for life and fine of Rs.1000/-in default, further imprisonment of one month.
3. From the material on record, case of the prosecution unfolds as under :
(1) Fact that a defence may not have been taken by accused under Section 313 Cr.P.C. again cannot absolve prosecution from proving its case beyond all reasonable doubt.(2) Motive – In a case based on....
[The court established that in cases of homicide occurring in private settings, the burden of proof shifts to the accused to explain the circumstances of the crime, particularly when direct evidence ....
Since there is no proper evidence that axe which was allegedly recovered was murder weapon, medical evidence that such an axe can cause the injuries that were found on the deceased, by itself, cannot....
The burden of proof lies with the prosecution, and the accused's explanation, if consistent with the facts, can lead to acquittal.
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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