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IN THE HIGH COURT OF JUDICATURE OF BOMBAY AURANGABAD BENCH
NITIN B.SURYAWANSHI, SANDIPKUMAR C.MORE
Govind S/o Taterao Suryawanshi – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. reliability of eyewitness testimony (Para 2 , 3 , 10 , 19) |
| 2. witness testimony and credibility assessment (Para 6 , 8 , 20) |
| 3. use of hostile witness testimony (Para 21 , 27 , 28) |
| 4. importance of recovery in evidence (Para 32 , 34 , 35) |
| 5. dismissal of appeal based on trial court's findings (Para 36 , 37) |
JUDGMENT :
NITIN B. SURYAWANSHI, J.
1. This appeal is directed against the judgment and order of conviction of appellant under Section 302 of INDIAN PENAL CODE and sentence of life imprisonment imposed on him by learned Additional Sessions Judge, Nilanga in Sessions Case No. 04 of 2016.
2. It is the prosecution case that, Madhav Govind Waghe (PW4) lodged report with Shirur Anantpal Police Station on 14.10.2015 alleging that he along with his family resides at village Wanjarkheda. His elder brother Rambhau Waghe (deceased) was residing at Hyderabad since last 15 years. On 14.10.2025 his brother had been to his native place and he wanted to proceed to Tuljapur. Earlier his brother had purchased 1 Acre 1½ guntha land at Wanjerkheda. The dispute about said land was going on with the family members of accused Govind Taterao Suryawanshi. A civil suit resulted in favour of
The evidence of a close relative is credible and reliable in murder cases, and a conviction can be based on such testimony even if it is the only evidence if found credible and corroborated.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
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