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SADHANA S. JADHAV, MILIND N. JADHAV
Sham Timanna Gaikwad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
MILIND N.JADHAV, J. - This is an appeal against conviction fled by the Appellant against the judgment and order dtd. 23/3/2007 passed by the learned Ad-hoc Additional Sessions Judge, Solapur whereby the Appellant is convicted for the ofences punishable under:- (i) Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced to sufer rigorous imprisonment for life and to pay fne of Rs.1,000.00 and in default to sufer rigorous imprisonment for three months; and (ii) Sec. 498-A IPC and sentenced to sufer rigorous imprisonment for three months and to pay fne of Rs.500.00 and in default to sufer rigorous imprisonment for one month.
2. The Appellant is convicted for committing the murder of his wife Laxmi (deceased) on 1/11/2005. Originally there were two accused; accused No.2 - was mother of accused No.1 and mother-in-law of Laxmi. Original accused No.2 - stands acquitted by the Trial court. Appellant is in jail since 2/11/2005.
3. Such of the relevant facts which are necessary for the purpose of deciding the present appeal are as follows:-
3.1. Appellant and Laxmi were married for 15 years before the incident and have two daughters and a son. Appellant worked as sweeper on daily
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, 1860, based on the intention and knowledg....
The competency and reliability of child witnesses, as well as the careful evaluation of their testimony, are crucial in cases where their evidence forms a significant part of the prosecution's case.
Conviction under Section 302, IPC was altered to Section 304 for culpable homicide not amounting to murder, based on the heat of passion during a family quarrel.
Criminal Trial - Conviction confirmed - Dying declaration - Admissibility of - A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of the C....
The court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
The conviction upheld on the basis of reliable eyewitness testimonies, including that of a child witness, despite challenges about potential inconsistencies.
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