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A. S. GADKARI, PRAKASH D. NAIK
Badrialam Akabarali Shaikh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Prakash D. Naik, J. - Appellant is convicted vide Judgment and Order dated 10th October 2011 passed by learned Additional Sessions Judge, Kalyan in Sessions Case No.11 of 2009 for offence punishable under Section 302 of Indian Penal Code (for short 'IPC') and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/-.
2. The case of the prosecution is that, on 01.08.2008 Police Naik - Jagtap and others were on night duty at Mohane Chowki. They were attached to Mahatma Phule Police Station, Kalyan. They heard some noise towards Ambivali Railway Station. They rushed towards the spot and noticed that, fight was going on between Raja Rathod and Badrialam. The accused Badrialam gave blow of Sura on the stomach of Raja Rathod and ran away. He was apprehended by Police with Sura (knife) in his possession. Injured was taken to hospital. His condition was critical. He was declared dead. C.R. No.I-280 of 2008 was registered. During the course of investigation, statement of witnesses were recorded. Clothes of the deceased and accused were seized. On completing investigation, charge-sheet was filed.
3. Charge was framed for offence under Section 302 of IPC vide Order dated 2
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The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
: Every omission in statement recorded before Police or before Magistrate under Section 164-A Cr.P.C., but revealed in witness box cannot be by itself a reason to discredit statement of witnesses if ....
: Every omission in statement recorded before Police or before Magistrate under Section 164-A Cr.P.C., but revealed in witness box cannot be by itself a reason to discredit statement of witnesses if ....
The prosecution successfully proved the charge of murder against the accused beyond reasonable doubt, leading to the confirmation of the judgment and order of conviction.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
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