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BOMBAY HIGH COURT
KRUSHNA SANJAY SURVE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
JUDGMENT :
1. This is the Application for suspension of substantive sentence imposed by the learned Additional Sessions Judge, Shrigonda, Dist. Ahmednagar, vide Judgment and Order dated 05.11.2024 passed in Sessions Case No. 80 of 2022, convicting the Applicant i.e. Accused No. 1 for the offence punishable under Sections 302 and 201 of the Indian Penal Code.
2. The case of the Prosecution in brief, as seen from the impugned Judgment, is that the Applicant and acquitted Accused no. 3 were in relationship. Accused no. 3 was the wife of Deceased - Vishal. By hatching conspiracy, the Applicant and the acquitted two Accused have committed the murder of Deceased Vishal, causing head injury with the Pipe. The dead body of Deceased Vishal was found on the Kharda - Jamkhed road in the early hours of 14.05.2022. The dead body was noticed by the villagers. They informed the concerned Police Station and the brother of the Deceased i.e. PW1 – Sushan Surve, lodged report against unknown persons. During investigation, acquitted Accused and the Applicant came to be arrested. The Charge-sheet was filed on completion of investigation. The learned trial Court acquitted Accused nos. 2 and 3 and convicte
Hearsay evidence regarding motive is insufficient for conviction; discovery of evidence must be credible.
The court emphasized that weak circumstantial evidence does not justify continued incarceration, especially for a mother of minor children.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt, lacking sufficient evidence to prove motive or a complete chain of circumstantial evidence.
The court held that mere suspicion is insufficient for a conviction; a complete chain of circumstantial evidence is required to establish guilt beyond a reasonable doubt.
The importance of establishing a clear motive and the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
The theory of last seen together is insufficient for conviction without corroborative evidence and motive, warranting suspension of sentence.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
The main legal point established in the judgment is that even with investigational lapses, if the prosecution evidence inspires confidence and the circumstances lead to a plausible conclusion, a conv....
The burden of proof shifts to the accused to explain what happened to the deceased when the prosecution establishes that the deceased and the accused had left the house together and soon thereafter t....
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