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BOMBAY HIGH COURT
SHABANA VAJIR MASULDAR – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
JUDGMENT :
1. The Applicant is seeking suspension of sentence imposed by learned Sessions Judge, Latur, in Sessions Case No.75 of 2022 vide Judgment and Order dated 29/07/2024, thereby convicting her for the offence punishable under Sections 302, 201, 120[B] read with Section 34 of the Indian Penal Code.
2. The case of the Prosecution in brief is as under :-
Deceased – Hanumant Vyankat Yerwe was the son of Informant – Vyankat Narsing Yerwe. The Deceased was having affair with the Applicant i.e. Accused No.1. The Deceased did not return home in the night of 12/12/2021. He came to know that, the Deceased was lastly seen with the Applicant, and therefore, he lodged the report and accordingly Crime No.549/2021 came to be registered with Chakur Police Station. The dead body of Hanumant was found on the next day i.e. on 13/12/2021 near an agricultural field. The dead body was referred to postmortem. The cause of death was revealed as ‘head injury’.
3. It is submitted by the learned Advocate for the Applicant that, the only evidence against the Applicant is of last seen together with the Deceased. He submits that, though one packet and burnt clothes of the Deceased are claimed to have been di
The court emphasized that weak circumstantial evidence does not justify continued incarceration, especially for a mother of minor children.
The theory of last seen together is insufficient for conviction without corroborative evidence and motive, warranting suspension of sentence.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Suspicion alone cannot replace proof beyond reasonable doubt; strong circumstantial evidence is essential for conviction.
The prosecution must prove homicidal death beyond reasonable doubt; circumstantial evidence alone, including last seen theory, is insufficient for conviction.
Hearsay evidence regarding motive is insufficient for conviction; discovery of evidence must be credible.
Judges emphasized that proof in circumstantial evidence must be conclusive and establish guilt beyond reasonable doubt, especially in homicide cases, with a critical focus on the timing of alleged ev....
The conviction cannot stand without credible, corroborated evidence linking the accused to the crime, emphasizing the burden on prosecution to prove guilt beyond reasonable doubt.
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