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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
VIBHA KANKANWADI, ABHAY S.WAGHWASE
Atmaram S/o Dnyanba Pathade – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction and acquittal in joint criminal trial. (Para 1 , 2) |
| 2. description of the incident and familial relationships. (Para 3 , 4 , 5 , 6) |
| 3. arguments challenging prosecution's evidence. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. analysis of ocular evidence and witness credibility. (Para 15 , 17 , 18 , 19 , 21 , 22 , 23 , 24 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 35 , 36 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 5. final dismissal of appeals. (Para 46) |
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. Both the appeals are arising out of the judgment and order dated 03.08.2016 passed by Additional Sessions Judge, Hingoli in S.T. No. 49 of 2014, whereby, out of in all 25 accused persons, accused no. 2 Atmaram and accused no. 4 Madhav are convicted for the offence punishable under Sections 302 and 326 r/w 34 of the INDIAN PENAL CODE [IPC] and sentenced to suffer rigorous imprisonment for life, while rest of the accused i.e. accused nos. 1, 3, and 5 to 25 stand acquitted from all the charges.
2. The convicted accused nos. 2 and 4 i.e. Atmaram and Madhav have challenged the above conviction by preferring Criminal Appeal No. 522 of 2016, while the original informant has preferred Crimin
Conviction for homicide upheld based on credible eyewitness testimony; acquitted parties lacked sufficient evidence of participation in crime.
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The main legal point established in the judgment is the reliance on trustworthy and reliable direct eye witness accounts, supported by medical evidence, to establish the guilt of the accused.
The appellate court reversed the acquittal of certain accused based on credible eyewitness testimony and medical evidence, convicting them under Section 304 Part-II of the IPC.
The main legal point established in the judgment is the application of Section 34 of the IPC to hold all accused persons responsible for the assault and subsequent death of the deceased.
Conviction for murder upheld based on consistent witness testimony, and acquittal appeals require high scrutiny, with previous enmity not negating witness credibility.
Failure on the part of the prosecution to explain or disclose the genesis of the offence is also an additional factor which renders the prosecution story a bit doubtful.
Eyewitness testimony carries significant evidentiary weight; convictions can be sustained on reliable single eyewitness accounts without need for corroboration if found trustworthy.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
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