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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Sardar Bashirkhan Pathan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Both the appeals are arising out of the same judgment, hence, we propose to dispose of these appeals by this common judgment. Both the appellants are original accused Nos.1 and 2 respectively, who faced trial in Sessions Case No. 110 of 2013 before the learned Additional Sessions Judge, Latur for the offence punishable under Section 302, 201 read with Section 34 of Indian Penal Code and they have been held guilt under those Sections by judgment and order dated 17.03.2016.
2. The prosecution story in short is that PW-2 Sunil Dande, who was the then Police Patil of village Selu, gave information to Ausa Police Station around 2.30 p.m. on 28.05.2013 that dead body of one unknown male person is floating on the water in the well in the field of one Sunil Bajaj. The said A.D. was recorded as A.D.R. No. 28 of 2013 under Section 174 of the Code of Criminal Procedure and further inquiry was conducted by PW-9 PHC Mohan Kamble. He went to the spot along with panch witnesses and photographer. The dead body was taken out of the well with the help of people. Photographs were taken. It was found that the hands and legs of the dead person were tied with long handker
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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 burden of proof lies with the prosecution, and the accused's explanation, if consistent with the facts, can lead to acquittal.
The sufficiency of circumstantial evidence, the need for conclusive proof, and the requirement to prove motive beyond reasonable doubt in cases based on circumstantial evidence.
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