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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Sk. Chandpasha – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
ABHAY S.WAGHWASE, J. - This appeal is directed against the judgment and order of conviction dtd. 12/6/2015 passed by learned Sessions Judge Parbhani in Sessions Trial No. 14 of 2010 by which conviction was recorded for commission of offence punishable under Sec. 302 of the Indian Penal Code (IPC) and the appellant has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.20, 000.00, in default to suffer simple imprisonment for six months. FACTS GIVING RISE TO THE SESSIONS CASE
2. Appellant accused has a sister. Deceased Salim had taken her photographs and, according to father of accused, deceased was showing the photographs to others and informing that he would marry her. On hearing this from father, accused Chandpasha came from Nanded on 21/11/2008. On 23/11/2008, while deceased Salim was travelling in the rickshaw of PW3 Sk. Amar, near Mari Aai Temple, accused held deceased by his collar, pulled him out of the rickshaw and questioned him for taking photographs of his sister. On same count, he whisked out jambiya (kinfe) and inflicted stabs on Salim. Injured Salim was taken to the hospital, however he succumbed to the injuries.
3. Accused himself surr
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The credibility of the prosecution's evidence, including the testimony of eye-witnesses, prompt first information report, and medical evidence, is crucial in confirming a conviction.
Section 304 Part II IPC relates to punishment but without any intention to cause death.
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
The main legal point established in the judgment is the significance of direct evidence, particularly eyewitness testimony, in cases of this nature. The judgment also emphasized the relevance of moti....
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