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ROHIT B. DEO, URMILA JOSHI-PHALKE
Naresh Shamrao Yuvnate – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent
JUDGMENT :
(Urmila Joshi-Phalke, J.)
1. By this appeal, the appellant (accused) challenges judgment and order of conviction and sentence dated 19.6.2019 passed by learned Additional Sessions Judge, Amravati in Sessions Trial No.111/2017 whereby learned Judge below convicted the accused.
For offence punishable under Section 302 of the Indian Penal Code, the accused is convicted and sentenced to suffer rigorous imprisonment for life and to pay fine Rs.1000/- and default of payment of the fine amount to suffer rigorous imprisonment for one year.
For offence punishable under Section 201 of the Indian Penal Code, the accused is convicted and sentenced to suffer rigorous imprisonment for one year and to pay fine Rs.600/- and in default of payment of the fine amount to suffer rigorous imprisonment for one month.
Learned Judge below directed that all the sentences of the accused shall run concurrently. However, learned Judge below acquitted the accused of offence punishable under Section 498-A of the Indian Penal code. The accused is also given set-off under Section 428 of the Code of Criminal Procedure since he is in jail.
2. Heard learned counsel Shri J.Y.Ghurde appointed for the appellant
The main legal point established in the judgment is the reliance on the sole eyewitness testimony, corroborative evidence, and the applicability of Section 27 of the Indian Evidence Act in confirming....
The presumption of innocence remains fortified by acquittal, necessitating compelling evidence for appeal success, especially in circumstantial cases.
[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 ....
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
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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