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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.G.AVACHAT, NEERAJ P.DHOTE
Sanjay Diliprao Madke – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(NEERAJ P. DHOTE, J. ) :
1. This is the Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) against the Judgment and Order dated 27.07.2020 passed by the learned Special Judge, Osmanabad in Atrocity Spl. Case No.26 of 2017 convicting the Appellant for the offence punishable under Sections 302 and 201 of the Indian Penal Code (hereinafter referred to as the, ‘I.P.C.’) and sentencing him to undergo Imprisonment for Life and to pay fine of Rs.1,000/- (Rs. One Thousand Only), in default, to undergo Simple Imprisonment for One (1) Month and to undergo Rigorous Imprisonment for Three (3) years and to pay fine of Rs.500/- (Rs. Five Hundred Only), in default, to undergo Simple Imprisonment for One (1) Month, respectively.
2. The Prosecution’s case as revealed from the Police Report is as under :-
2.1. Shrirang Shahu Bhoite (hereinafter referred as ‘Deceased’) and Wife of the Appellant were having illicit relations. On 06.09.20217, they both had telephonic conversation and Wife of the Appellant called Deceased to her house. The Appellant learnt about the same. In the evening of 06.09.2017 Deceased went to the house of the Appellant to meet the
The court established that circumstantial evidence must form a complete chain to prove guilt, and the appellant's actions were mitigated by grave and sudden provocation, reducing the charge from murd....
The court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
The court affirmed that evidence must establish intention to commit murder, ruling that provocation claimed by the accused did not mitigate the crime, reaffirming conviction under Section 302 IPC.
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
The court established that circumstantial evidence must conclusively point to guilt, and in this case, the evidence supported a conviction for culpable homicide not amounting to murder due to lack of....
The court established that a conviction for murder requires conclusive evidence, and in the absence of such evidence, a charge can be reduced to culpable homicide not amounting to murder.
The central legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which outlines situations where culpable homicide does not amount to murder, based on the abs....
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