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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Shaikh Nabab Shaikh Khajamiya – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Vibha Kankanwadi, J.
1. Present Appeal has been filed by the original accused No.1 challenging his conviction by learned Additional Sessions Judge, Ambajogai in Sessions Case No.95 of 2012 on 22nd August 2013, thereby holding him guilty of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for one month.
2. The prosecution story is that one Shaikh Shoukat Shaikh Gaffar, resident of Majalgaon lodged a report with Parali Police Station on 1st October 2012. He had stated that he is having two brothers and two sisters. His younger sister Shaikh Taslim got married to accused No.1 – appellant in 2003. She was treated properly for about 1 1/2 to 2 years after the marriage. In the meantime Taslim gave birth to one son and one daughter. After the birth of daughter, accused No.1 started drinking liquor and saying that girl ought not to have taken birth. He used to assault Taslim. Thereafter Taslim gave birth to one more daughter and thereafter accused No.1 intensified harassment to her. Informant Shoukat and his relatives had called accused No.1
The presence of direct eyewitness testimony can establish guilt beyond reasonable doubt, and the right to a fair trial does not negate the responsibility of the accused to provide a defense or explan....
The judgment establishes that in criminal cases, particularly those relying on circumstantial evidence, the prosecution bears the burden of proving guilt beyond a reasonable doubt, and any reasonable....
In a case of circumstantial evidence, the circumstances on which the prosecution relies must be consistent with the sole hypothesis of the guilt of the accused.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The judgment underscores the principle that in cases based on circumstantial evidence, the prosecution must establish a clear and unbroken chain of evidence that excludes all reasonable hypotheses of....
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
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