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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Ramakant Murhari Aalat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. Both the appeals are arising out of judgment and order passed by learned Sessions Judge, Latur in Sessions Case No. 108 of 2014 and are therefore taken up and decided by way of this common judgment.
FACTS GIVING RISE TO SESSIONS TRIAL
2. Appellants, i.e. accused no. 1-Hanmant and accused no. 2- Ramakant were chargesheeted by Chakur Police Station, Latur for commission of offence punishable under Section 302 r/w 34 of the Indian Penal Code [IPC] on the premise that, they intentionally and knowingly committed murder of Vikas by assaulting him with axe for maintaining illicit relations with wife of accused no. 2-Ramakant. Brother of deceased Vikas i.e. PW2-Govind set law into motion by approaching Chakur Police Station informing that deceased Vikas had kept his wife and children at Latur for education purpose and deceased was cultivating his own land at village Bothi by engaging servants and he was commuting between Latur and Bothi and at sometimes stayed at Bothi itself for agricultural purpose and mostly stayed in the house of accused Ramakant.
Informant alleged that on 06.07.2014, both accused persons were in the company of deceased Vikas and they tog
The prosecution must prove the case beyond reasonable doubt, and the circumstances relied upon must be firmly and cogently established.
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....
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and prove the guilt of the accused beyond reasonable doubt.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
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