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MANJUSHA DESHPANDE, REVATI MOHITE DERE
Arjun Ishwara Gejage – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Revati Mohite Dere, J.) :
1. This appeal is directed against the judgment and order dated 2nd December 2015 passed by the learned Sessions Judge, Satara, in Sessions Case No.113/2014, convicting and sentencing the appellant, as under :
- for the offence punishable under Section 379 of the Indian Penal Code to suffer rigorous imprisonment for one years and to pay a fine of Rs. 1,000/-, in default, to suffer rigorous imprisonment for 6 months;
- Both the aforesaid sentences were directed to run concurrently.
2. The prosecution case, in nutshell, is as under :
According to the prosecution, the incident took place on 18th February 2014, in which the appellant quarrelled with the deceased in the deceased's Eeco car and assaulted him with a sickle on his neck. It is the prosecution case, that after the assault, the deceased ran towards PW3's hotel i.e. Amit Hotel, and disclosed to him that four persons had assaulted him. Pursuant thereto, PW3 lodged an FIR (Exhibit 17) on the very same day i.e. on 18th F
The main legal point established in the judgment is the application of the principles of circumstantial evidence to evaluate the sufficiency of the prosecution's case and the completeness of the chai....
Circumstantial evidence – Principle applicable to circumstantial evidence requires that facts must be consistent with hypothesis of guilt of accused.
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
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