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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
NITIN B.SURYAWANSHI, SANDIPKUMAR C.MORE
Vijay s/o Kishan Dhillod – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and underlying incidents leading to murder. (Para 1 , 2 , 3) |
| 2. arguments addressing credibility and legality of evidence. (Para 5 , 6) |
| 3. court’s evaluation of evidence linking the accused to the crime. (Para 7 , 8) |
| 4. final reflections on witness reliability and evidence sufficiency. (Para 14 , 15 , 23) |
Judgment :
1. By way of this appeal, the appellant/original accused Vijay Kishan Dhillod has challenged his conviction recorded by the learned Sessions Judge, Jalna (hereinafter referred to as “the learned trial Court”) in Sessions Case No.47/2022 under the impugned judgment and order dated 05.12.2022, for the offence punishable under Section 302 of the Indian Penal Code (for short, “I.P.C.””). The learned trial Court, under the impugned judgment, has sentenced the appellant/accused to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/-, i/d to suffer rigorous imprisonment for three months.
3. On 22.11.2021 the informant started for home after finishing labour work at about 9.30 p.m. As the appellant/accused had come to Jalna, she remained in the area of bus stand. Thereafter anticipating that the appellant/ accused might have le
The evidence of a minor witness can be reliable if free from tutoring and supported by corroborative evidence, especially in homicide cases.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
It would always be open for prosecution to decide on quality and quantity of evidence that they wish to lead in order to establish charge and this Court cannot comment on such aspect of matter, as lo....
The quality of the evidence of the eye witness and the presence of corroborating evidence are crucial in establishing guilt in criminal cases.
The court established that a conviction for murder can be sustained on the basis of circumstantial evidence, provided that the evidence forms a complete chain that leads to the only reasonable conclu....
The admissibility of partially hostile witness testimonies and the sufficiency of evidence to establish guilt were the central legal points established in the judgment.
The court affirmed that child witness testimony, when corroborated by adult witnesses, can be sufficient for conviction in murder cases, emphasizing careful scrutiny of such evidence.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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