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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Shaikh Akbar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
VIBHA KANKANWADI, J. - Present appeal has been filed by the original accused challenging his conviction for the offence punishable under Sec. 302, 498-A of the Indian Penal Code, 1860 by learned Additional Sessions Judge, Jalna in Sessions Case No.101/2016 on 4/7/2017.
2. It is not in dispute that deceased Rehana got married to the accused about 2 1/2 years prior to First Information Report dtd. 16/4/2016. Deceased Rehana and appellant were residing at Sanmitra Colony, Partur, Dist. Jalna. Rehana was blessed with two sons; one is Asad aged 1 1/2 and second Ayan aged 08 months at the time of incident. They both were residing in a rented premises away from the parents of the appellant.
3. The law was set in motion by Afsarkhan Kabirkhan Pathan by lodging First Information Report on 16/4/2016. He is the father of deceased Rehana. He was also residing in rented premises in Sanmitra Colony. He has five sons and three daughters including deceased Rehana. He alleged that accused was raising suspicion over the character of deceased and there used to be quarrels between them. Appellant used to assault Rehana by raising suspicion. Rehana used to convey the cruelty meted to her
The judgment establishes that in criminal cases, particularly those relying on circumstantial evidence, the prosecution bears the burden of proving guilt beyond a reasonable doubt, and any reasonable....
In criminal cases, consistent and credible evidence is essential; discrepancies and reliance on related witnesses can undermine the prosecution's case and result in acquittal.
Conviction for murder under 302 IPC requires clear evidence of motive and intent; significant delays and contradictions among witnesses can warrant reasonable doubt, necessitating acquittal.
The burden of proving any exception to the definition of murder under section 300 of the IPC lies on the accused, and failure to discharge this burden can lead to upholding the conviction for murder.
When the circumstances are corroborated by medical report and proved motive, accused has to be convicted. In case of variance between inquest report and medical report the latter will prevail.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
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