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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, NEELA GOKHALE
Anilkumar Chhotelal Yadav – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. The Appellants assail the Judgment and Order dated 30th March 2015 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.111 of 2012. By the impugned Judgment and Order, the Appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (‘IPC’), 1860 and are sentenced to suffer imprisonment for life and to pay a fine of Rs.20,000/- each, in default of which, to undergo imprisonment for a further period of six months. The Appellants are also convicted for the offence punishable under Section 392 read with Section 34 of the IPC for which they are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each, in default of which, to undergo imprisonment for the period of three months. Both the sentences are to run concurrently. The period undergone in jail till today is to be set off against the sentence of imprisonment.
2. The case of the prosecution is as follows:
2.1 The informant, one Kamlesh Dinkarrai Thakkar (PW/1), is the younger brother of the deceased Shankar Thakkar. The deceased was engaged in embroidery business in a workshop no.16-A, Shiv
The court confirmed that circumstantial evidence, particularly the last seen theory, can establish guilt beyond reasonable doubt when supported by consistent and corroborative evidence.
The last seen theory, combined with circumstantial evidence, establishes guilt beyond reasonable doubt in murder and robbery cases.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Convictions under circumstantial evidence require a complete and unbroken chain of proof; mere suspicion is insufficient for establishing guilt.
The last seen theory and circumstantial evidence are crucial in establishing guilt in murder cases, particularly when direct evidence is lacking.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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