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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Avinash S/o Ramrao Ankulwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. Vide both above referred appeals, life convicts, i.e. original accused nos. 1, 2 and 4, for offence punishable under Sections 302, 201 and 364 r/w 34 of the Indian Penal Code [IPC], are hereby assailing the judgment and order dated 08.07.2016 passed by the Additional Sessions Judge, Biloli in Sessions Case No. 02 of 2015.
FACTS IN BRIEF LEADING TO TRIAL
2. Accused No. 1 Avinash [Ankulwar] owed amount of Rs.7,28,534/- towards deceased Satyawan. A week prior to deceased going missing, deceased had purchased a house and therefore, was in dire need of funds and so he demanded dues from accused no. 1 Ankulwar. Getting annoyed by repeated demand and to avoid repayment, it is the case of prosecution that, on 07.10.2014, when deceased had been to drop his child to school, he was abducted by all accused, taken from Narsi to Bichkunda via Nizamabad in a Tata Vista car bearing registration no. MH-26-AF-1944 and at Bichkunda, they all strangulated him and thereafter dumped his motorcycle in a well and further threw the dead body in the vicinity of Shantapur Shivar. Subsequently, to cause disappearance of evidence, they poured petrol on the dead body of Satyawan
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
The admissibility of information provided by the accused while in police custody, and the application of Section 27 of the Evidence Act in determining the evidentiary value of the disclosure statemen....
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The prosecution must establish its case beyond reasonable doubt, and procedural safeguards for evidence recovery must be strictly adhered to for admissibility.
(1) Sentence – Power to impose punishment of imprisonment for life without remission is conferred only on Constitutional Courts and not on Sessions Courts.(2) Remission – No right accrues to accused ....
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