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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Bhimrao W/o Tatenath Shinde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Kandhar, Link Court, Mukhed, Dist. Nanded in Sessions Case No. 11 of 2014 on 04.08.2016 after holding him guilty of committing offence punishable under Section 302 of Indian Penal Code. Deceased Bhaurao Bapunath Shinde was aged around 25 years resident of village Betmogra, Tq. Mukhed, Dist. Nanded. He belong to Gosavi community, who depend on begging (Bhikshuki) for the livelihood. He was residing with his parents. He has brother Uttam (PW-1) and brother Tukaram. Many persons from his community were residing in Betmogra. Informant PW-1 Uttam lodged FIR on 08.02.2014 to Police Station Mukhed contending that he himself, Tukaram and Bhaurao are residing separately in the same village. They have four sisters, who are married. He himself, his brothers and father had gone to Mukramabad on 07.02.2014 and returned around 4.00 p.m. after collecting Bhiksha. There was dispute between one Dharmanna Laxman Chavan and Tanaji Taterao Shinde around 10.30 to 11.00 p.m. The said dispute was separated/settled by Uttam and Bhaurao. On the next day i.e
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.
Court clarified that reliable testimony from a single witness can support a conviction if corroborated, establishing that the appellant's actions should be classified as culpable homicide, not murder....
The credibility of eyewitnesses, even if related to the victim, does not diminish their account's reliability if corroborated by medical evidence.
Eyewitness accounts cannot be disregarded solely due to witness relations; the intent behind injuries determines the charge under IPC, leading to a reduction from murder to culpable homicide.
A witness’s relationship to the deceased does not render their testimony unreliable or 'interested' absent specific motives for bias. Minor investigative flaws or procedural omissions by the police d....
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
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