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ABHAY S. WAGHWASE
Murlidhar, S/o. Dadarao Gadhekar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Abhay S. Waghwase, J.)
1. In this appeal, there is challenge to the judgment and order of conviction passed by IInd Additional Sessions Judge, Jalna in Sessions Case No.4 of 2002 dated 19-01-2005 holding present appellants guilty for offence under Section 304 Part II read with 34 of the Indian Penal Code (IPC).
PROSECUTION CASE IN BRIEF
2. It is the case of prosecution in trial Court that on 27-09-2001 deceased Dhondiba, husband of PW1 Shantabai, was plouging the field. He was accompanied by his son and daughter. Accused nos.1 and 2, who are nephews of deceased, and accused no.3 (wife of accused no.2) and accused no. 4 (wife of accused no.1), picked up quarrel on account of damage to ridge/bandh and beat Dhondiba. Ramkisan, son of informant, rushed and passed information to informant, who also ran towards the field. Another son Namdeo of informant also called Appa Pungale, neighbour. Deceased was taken to Dr.Rajput and later on shifted to Civil Hospital, Jalna, where he died due to biliary Peritonitis with Septicemia with shock due to perforated gall bladder. PW1 Shantabai lodged report against all four accused for offence under Sections 302, 504 read with 34 of the IPC.
PW
The court upheld the conviction for culpable homicide not amounting to murder, emphasizing the prosecution's burden to prove charges beyond reasonable doubt while recognizing the lack of intent to ki....
Evidence must be consistent and reliable to uphold a conviction; inherent improbabilities can lead to a verdict of not guilty.
The main legal point established in the judgment is the reliance on ocular evidence, admission of presence, and post-mortem report to establish the appellant's involvement in the assault, leading to ....
Culpable homicide not amounting to murder established when the accused acted with knowledge that her actions could result in death, despite lacking intent to kill.
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
The prosecution must establish guilt beyond reasonable doubt, which can be satisfied through reliable eyewitness accounts and corroborative medical evidence.
Conviction under Section 304 (Part-II) of IPC cannot stand without proof of culpable homicide, particularly when medical evidence contradicts witness testimonies.
Conviction based on unreliable witness testimony cannot be sustained; evidence must be consistent and corroborated to meet the burden of proof required for establishing guilt beyond reasonable doubt.
Accused's conviction for murder under Section 302 IPC was modified to culpable homicide not amounting to murder under Section 304-I IPC due to insufficient evidence of intent and premeditation.
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