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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Ramesh Bhanudas Shelke – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Present Appeal has been filed by original accused No. 1 challenging his conviction by learned Additional Sessions Judge, Nilanga, District-Latur in Sessions Case No.05 of 2016 on 14th May 2018, whereby he came to be convicted for the offence punishable under Section 302 of the Indian Penal Code. It will not be out of place to mention here that in all five accused persons faced the trial for the offence punishable under Section 302 and Section 498-A of the Indian Penal Code. Accused No.1 came to be acquitted of the offence punishable under Section 498-A of the Indian Penal Code, whereas accused Nos. 2 to 5 came to be acquitted of the offence punishable under Section 302, 498-A of the Indian Penal Code by the same Judgment.
2. PW-7 Chandrakant Sheshsrao Khadade lodged report with Shirur-Anantpal Police Station on 1st September 2015. It was informed in the First Information Report (for short “the FIR”) that his sister Savita got married to accused No.1 Ramesh in 2006. Accused persons started harassing her when she had not begotten issue for about three to four years after the marriage. She was kept starved and harassed on account that she should bring m
The prosecution must fully establish the circumstances from which the conclusion of guilt is drawn and exclude every possible hypothesis except the guilt of the accused in cases based on circumstanti....
The judgment underscores the principle that in cases based on circumstantial evidence, the prosecution must establish a clear and unbroken chain of evidence that excludes all reasonable hypotheses of....
The prosecution must establish guilt beyond reasonable doubt based on circumstantial evidence, and the accused cannot be convicted merely on the basis of suspicion.
Convictions under Section 498-A require reliable evidence beyond reasonable doubt; contradictions in witness testimonies undermine the prosecution's case.
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.
Point of law : It is clearly discernable that for a conviction to stand on the basis of circumstantial evidence, the facts so established should be consistent only with the hypothesis of guilt of the....
The central legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt. The judgment emphasizes the importance of reliable evidence and the f....
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