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ROHIT B. DEO, URMILA JOSHI-PHALKE
Naresh Shriram Uikey – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. The appellant (the accused) challenges judgment and order of conviction and sentence dated 10.12.2020 rendered by learned Additional Sessions Judge, Gadchiroli in Sessions Case No. 3/2020 whereby the trial court 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.5000/- and in default of payment of the fine amount to suffer further rigorous imprisonment for three months.
The trial court also convicted the accused for offence punishable under Section 341 of the Indian Penal Code and sentenced him to suffer simple imprisonment for one month and to pay fine Rs.500/- and in default of payment of the fine amount to suffer further simple imprisonment for five days.
The trial court also given the accused set-off under Section 428 of the Code of Criminal Procedure since he was in jail.
2. Facts necessary for disposal of the appeal in a nutshell are as under:
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.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The judgment establishes the principle that the nature of the assault, the use of a deadly weapon, and absence of provocation indicate the intention to commit murder under Section 302 of the Indian P....
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