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ABHAY S. WAGHWASE
Sahebrao S/o Umakant Waghmare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, there is challenge to judgment and order of conviction dated 07-02-2004 passed by 2nd Adhoc Additional Sessions Judge, Nanded in Sessions Case No.28 of 2002 recording guilt of the appellants for offence under Section 324 of the Indian Penal Code (IPC).
FACTS LEADING TO THE TRIAL
2. On report lodged by PW3 Sanjay, Tamsa Police Station registered Crime No.25 of 2000 for offence under Sections 147, 148, 323, 324, 326 307 read with 149 of the IPC against in all eleven accused on the premise that on 29-04-2000, there was quarrel between informant PW3 Sanjay and accused persons as an application was tendered with Gram Panchayat for removing debris from a well. Said quarrel had taken place at 07:30 p.m. On next day i.e. on 30-04-2000 at around 06:30 a.m., accused Vijaykumar Waghmare getting armed with sword came in the vicinity of informants’ resident and questioned as to who gave application against him in Gram Panchayat. That PW3 Sanjay tried to reason him with. It is alleged that Vijaykumar, Yeshwant Pradhan, Ajay Waghmare, Sahebrao Waghmare, Pratap Pradhan came armed with articles like lathies, axes, sword and kathis and assault was mounted on informant as w
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
Prosecution must provide reliable evidence, including original injury reports, to establish guilt beyond reasonable doubt; inconsistencies and lack of corroborating evidence may lead to acquittal.
The evidence of injured witnesses is crucial and can be the basis for conviction, but intent to kill must be established for serious charges like attempted murder under Section 307.
Important Point : The court upheld the conviction for simple injuries under IPC, emphasizing the consistency of witness testimonies while extending probation to certain accused based on gender and ag....
The main legal point established in the judgment is the requirement for reliable and consistent evidence in criminal cases, as well as the need for corroboration in material particulars by reliable t....
The court upheld the conviction under IPC Sections 326 and 324, emphasizing the credibility of injured witnesses and the sufficiency of evidence despite the absence of independent corroboration.
The main legal point established in the judgment is the reliance on credible and corroborative evidence, including the testimony of injured witnesses and medical officers, to prove the complicity of ....
Point of law: There may be no difficulty in accepting or discarding the testimony of the single witness. The difficulty arises in the third category of cases. The court has to be circumspect and has ....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
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