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A. S. GADKARI, MILIND N. JADHAV
Nabi Hasan Noor Hasan Khan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Milind N. Jadhav, J. - This Appeal challenges the Judgment and order dated 05.01.2015 passed by the Additional Sessions Judge, Borivali, Mumbai (hereinafter referred to as 'Trial Court') in Session case No.62 of 2011 convicting Appellant under Section 235(2) of the Criminal Procedure Code,1973 (for short 'Cr.P.C.') of offence punishable under Section 302 of Indian Penal Code (for short 'IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/-, in default, to undergo further rigorous imprisonment for six months.
2. Appellant stands convicted for strangulating and committing culpable homicide amounting to murder of his 19 year old wife Santoshi (deceased) in the night of 28.10.2012.
3. Prosecution case in brief is thus:
3.1. Appellant got married to Santoshi one year prior to the incident. He was a hawker. After marriage both resided in a hutment near Moinia Masjid, Malwani, Malad along with Appellant's two brothers and their spouses. According to prosecution, Appellant was addicted to vices and used to quarrel with her. A few months before the incident Appellant assaulted Santoshi and injured her left hand. Santoshi was treated in Rajawadi hospital. A
The chain of circumstances must be conclusive to sustain a conviction based on circumstantial evidence, and the burden of proof under Section 106 of the Indian Evidence Act lies with the accused for ....
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....
The main legal point established in the judgment is the significance of proving the chain of circumstances in a case based on circumstantial evidence, and the consideration of the accused's conduct i....
The sufficiency of circumstantial evidence, the reliability of witness testimonies, and the application of the Last Seen Together Theory were central to the judgment. The court emphasized the need fo....
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.
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