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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRASANNA B.VARALE, S. M.MODAK
Sanjay @ Rani Bansi Pradhan – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. background of residence and relationships (Para 1 , 2 , 3 , 4) |
| 2. incident details and police involvement (Para 5 , 6) |
| 3. challenge to sessions court ruling (Para 7 , 8) |
| 4. witness credibility and inconsistencies (Para 9 , 10 , 19) |
| 5. discrepancies in evidence (Para 12 , 15 , 16) |
| 6. details of the assault (Para 17 , 21) |
| 7. medical corroboration of assault (Para 22 , 24 , 26) |
| 8. application of law regarding intent (Para 27 , 28 , 29) |
| 9. conclusion of appeal and final order (Para 30 , 31) |
JUDGMENT :
S.M.MODAK, J.
Three persons viz first informant Smt. Jyoti Yedu-PW-3, accused Sanjay Pradhan @ Rani and the deceased were residing together at mezannine floor of room situated in Rahul Nagar, Bandra (W) Mumbai. They were residing there since one and half month prior to the month of August 2015.
2. The room was owned by PW-1-Rafiq Abdul Shaikh. He used to reside on the ground floor of that room. PW-2-Alim Rafiq Shaikh also used to reside there. The first informant Jyoti and accused used to beg at various place and used to earn their livelihood. Whereas the deceased was earning by cleaning vehicles. Occupants of the mezzanine floor were supposed to reside peacefully. Their cohabitati
The court upheld the conviction for murder under Section 302 IPC, emphasizing the sufficiency of witness credibility and evidence of intent for the act despite noted inconsistencies.
The court established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
The court determined that killing during a sudden quarrel, spurred by provocation, constitutes culpable homicide rather than murder, warranting a conviction under lesser charges.
The judgment emphasizes the admissibility of hearsay evidence under the principle of res gestae and the significance of prompt FIR in establishing the truth of the incident.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
It is possible that passion was running very high between the parties and when the quarrel between the two appellants and the deceased as well as his wife was going on in the courtyard of the house o....
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