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ROHIT B. DEO, URMILA JOSHI-PHALKE
Pramod @ Pappu s/o Sumersingh Roy – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent
JUDGMENT :
Urmila Joshi-Phalke, J.
1. By this appeal, the appellant (accused) has challenged judgment and order of conviction and sentence dated 7.11.2020 passed by learned Additional Sessions Judge-2, Nagpur in Sessions Trial No.11/2016 whereby learned Judge below convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.10,000/- and in default of payment of the fine amount to suffer simple imprisonment for six months. However, learned Judge below acquitted the accused of offence punishable under Section 201 of the Indian Penal Code.
2. The case of the prosecution as emerges from police papers and evidence recorded, in brief, can be summarized, as follows:
The accused was having live-in-relationship with a woman (deceased) and, therefore, they both came to Nagpur and were doing labour work. They were residing together as husband and wife. The accused and the deceased both were working as labourers at the construction site of one Mr.Singh at Beltarodi, Besa. On 1.9.2015, the accused left the place of work along with the deceased on a pretext that he is visiting his native place. The accus
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In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Prosecution must prove the entire chain of circumstantial evidence beyond reasonable doubt, failing which conviction cannot be sustained.
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