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VINAY JOSHI, VRUSHALI V. JOSHI
Ramesh @ Shyam Pandharinath Gawande – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Vinay Joshi, J.
Mother and son were tried for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (‘IPC’) for committing murder of another son (Gajanan). Mother was additionally charged for voluntarily causing hurt by dangerous weapon to prosecution witnesses Seema, and thereby committed an offence punishable under Section 324 of the IPC.
2. The Trial Court vide impugned judgment and order dated 25.07.2022 in Sessions Case No.17 of 2017 convicted the accused no.1 Ramesh @ Shyam (son) for the offence punishable under Section 302 of the IPC, whilst acquitted accused no.2 Sugandhabai (mother) from the charge of murder. However, Trial Court has convicted accused no. 2 Sugandhabai, for the offence punishable under Section 324 of the IPC. The Trial Court has sentenced accused no.1 Ramesh to undergo imprisonment for life along with fine of Rs.25,000/- for the offence punishable under Section 302 of the IPC. Accused no.2 Sugandhabai was sentenced to suffer rigorous imprisonment for one year with fine of Rs.2,000/-, for the offence punishable under Section 324 of the IPC. Being aggrieved by the aforesaid judgment and order of conviction, both accus
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The court clarified that the distinction between murder and culpable homicide is based on the intention or knowledge of the accused at the time of the act, and that sudden provocation can mitigate th....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court found that the appellants' actions during a sudden quarrel constituted culpable homicide not amounting to murder, justifying a conviction under Section 304 Part II of the IPC.
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
The court established that a single credible witness's testimony can suffice for conviction, emphasizing the importance of assessing the accused's intention in distinguishing between murder and culpa....
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