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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R. G. AVACHAT, NEERAJ P. DHOTE, JJ.
Sominath S/o Dagdu Shende – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
[NEERAJ P. DHOTE, J.]
1. By the present Appeal preferred under Section 374[2] of the Criminal Procedure Code, 1973 [hereinafter referred to as ‘Cr.P.C.’], the Appellant has challenged his conviction and sentence recorded by the learned Additional Sessions Judge, Beed, in Sessions Case No.67/2014 vide Judgment and Order dated 06/07/2017, which reads as under :
"[I] Accused Sominath Dagdu Shende is convicted for the offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer Imprisonment for life and to pay a fine of Rs.2,000/- (Rs. Two thousand), in default, to suffer Rigorous Imprisonment for three months, vide Section 235 (2) of the Code of Criminal Procedure, 1973.
[II] Accused Sominath Dagdu Shende is convicted for the offence punishable under section 309 of the Indian Penal Code. However, no separate sentence is passed against the accused.
[III] …. …. …. …. …. ….
[IV] …. …. …. …. …. ….
[V] …. …. …. …. …. …."
2. The Prosecution’s case, as revealed from the Police Report, is as under : -
[I] The Appellant and his wife – Jaishree [hereinafter referred to as ‘the Deceased] were the agricultural labourers. The witness - Atul Vasant Raut had engaged th
The court determined that the Appellant's actions lacked intent to kill, leading to a conviction under Section 304 Part-II instead of Section 302.
The court affirmed the conviction for murder and assault, emphasizing the reliability of eye-witness testimony and medical evidence confirming the homicidal nature of death.
Modifying conviction from murder to manslaughter due to lack of intent and premeditation, establishing a precedent for considering trivial disputes in assessing culpability.
The Court ruled that provocation and lack of intent in a homicide can warrant a conviction under culpable homicide instead of murder.
The main legal point established in the judgment is the reliance on admissible witness testimonies, recovery of the weapon, and medical evidence including blood group matching to establish the appell....
The main legal point established in the judgment is the court's rejection of the defense of accidental death and the application of exception 4 to section 300 of the IPC, leading to the conviction un....
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
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