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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Subhash Hiraman Bedwal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
ABHAY S.WAGHWASE, J. - By invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.), appellant is taking exception to the judgment and order passed by the learned Sessions Judge, Aurangabad in Sessions Case No.77 of 2015 dtd. 20/9/2016, by which appellant - accused no.1 is held guilty for offence under Sec. 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life for committing murder of Sultan Gani Pathan.
FACTS IN BRIEF GIVING RISE TO SESSIONS TRIAL
2. Accused, informant himself and his deceased son Sultan Gani Pathan were all residing at Hiwarkheda in the same lane. Accused no.2 Hiraman had taken up construction work of latrine and bathroom at a place which was situated between house of accused and informant. Both informant and accused staked claim over the said piece of land and on such count there was dispute. On 8/1/2015, finding some stones at the disputed spot, accused no.1 Subhash alongwith co-accused namely Hiraman and Satish went to house of informant to question the same and both coaccused were holding sticks. Accused no.1 knocked the door of Naved (son of informant), who is residing with his family in a room of house of informan
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Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
The court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
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