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R. G. AVACHAT, R. G. AVACHAT
Syed Sarfaraz – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. arguments regarding witness credibility. (Para 4 , 5) |
| 3. evaluations of witness testimonies. (Para 6 , 19 , 23 , 24 , 28) |
| 4. proof of conspiracy and individual liability. (Para 26 , 38 , 45) |
| 5. final verdict and orders. (Para 43) |
JUDGMENT
R. M. Joshi, J. - Appellants/accused being aggrieved by the judgment and order passed in Sessions Case No. 376 of 2011 convicting them for the offences punishable under Sections 3 02, 120-B, 143, 147, 148 read with Section 149 of the INDIAN PENAL CODE (for short 'IPC) and 3 read with 25 of Indian ARMS ACT and sentencing them to suffer imprisonment for life with fine have preferred these appeals under Section 3 74 of the Code of Criminal Procedure (for short 'Cr.P.C.).
2. In nutshell the story of the prosecution can be recorded as under:
Long delay in holding test identification parade will weaken prosecution case.
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
Point of Law : Prosecution has failed to establish the guilt of the accused persons by facilitating worthwhile evidence. [Para 236]
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