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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R. G. AVACHAT, NEERAJ P. DHOTE, JJ
Bapurao S/o Khandu Navsare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Neeraj P. Dhote, J.]
1. By this Criminal Appeal under Section 374(2) of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’], the Appellant has challenged his conviction and sentence recorded by the learned Additional Sessions Judge, Shrigonda; in Sessions Case No. 121 of 2019, by the Judgment and Order dated 15.12.2022. The operative Order reads thus : -
“ORDER
(1) Accused Bapurao Khandu Navsare is hereby convicted as per provisions of Section 235(2) of Code of Criminal Procedure, for the offence punishable under Section 302 of Indian Penal Code and he is sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- (Rs. Five Thousands only) in default to suffer simple imprisonment for 6 (six) months.
(2) Accused Bapurao Khandu Navsare is further convicted as per Section 235(2) of Code of Criminal Procedure, for the offence punishable under Section 201 of Indian Penal Code, and he is sentenced to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,000/- (Rs. Two Thousands only) in default to suffer simple imprisonment for two months.
(3) Accused Bapurao Khandu Navsare is further convicted as per Section 235 (2) of the Code of C
The prosecution failed to establish the charges of murder and cruelty against the appellant, as the evidence did not conclusively prove homicide.
The medical evidence and burden of proof under Section 106 of the Evidence Act are crucial in establishing guilt in cases of circumstantial evidence.
The prosecution must prove charges beyond reasonable doubt; mere suspicion is insufficient for conviction.
“Dowry Death – Conviction-circumstantial evidence not only should the various links in the chain of evidence be clearly established, but the completed chain must be such as to rule out a reasonable l....
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The prosecution must prove the ingredients of the offence beyond reasonable doubt in order to secure a conviction. Cruelty is an essential ingredient of the offence under Section 498A IPC and must be....
The prosecution must prove guilt beyond reasonable doubt in homicide cases, relying on clear circumstantial evidence while providing plausible alternative explanations.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
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