VIBHA KANKANWADI, ABHAY S. WAGHWASE
Usha w/o Hanumant Kshirsagar – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent
JUDGMENT :
Abhay S. Waghwase, J.
1. The appellant is assailing the judgment and order of conviction passed by learned Additional Sessions Judge, Ambajogai in Sessions Case No. 16 of 2015 dated 02.06.2016 by which the appellant was held guilty and thereby stood convicted for the offence punishable under Sections 302 and 201 of the Indian Penal Code [IPC].
PROSECUTION CASE IN TRIAL COURT
2. Appellant was first wife of PW8 Hanumant. After five to six years of cohabitation, relations between appellant and accused became strained. Appellant used to repeatedly leave his company and go to her parents. Appellant had filed complaint at Women’s Redressal Forum. On the festival of Diwali in 2014, appellant left PW8 Hanumant and went to reside with her parents and she did not return. When all efforts of Hanumant and his parents to persuade appellant to come and cohabit failed, Hanumant performed second marriage with deceased Suvarna. Thereafter, appellant came back to Chanai to cohabit with Hanumant. Appellant was annoyed because of the second marriage and so she started harassing deceased.
On 03.12.2014, both appellant and deceased together left the house for washing clothes at the river. There, d
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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 judgment establishes that a conviction based solely on circumstantial evidence requires a clear and conclusive chain of evidence, and that extra-judicial confessions must be corroborated by relia....
The court emphasized that circumstantial evidence must form a complete and unbroken chain to establish the guilt of the accused beyond reasonable doubt.
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....
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