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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH : NAGPUR
URMILA JOSHI PHALKE, NANDESH S.DESHPANDE
Gajanan S/o Haridas Gawrane – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. arguments from the defense and prosecution. (Para 6 , 7 , 8) |
| 2. evidence of the deceased's cause of death. (Para 10 , 14 , 18) |
| 3. key legal standards regarding culpable homicide and murder. (Para 36 , 44 , 61) |
| 4. the court’s conclusions and the resultant orders. (Para 62) |
JUDGMENT :
(PER : URMILA JOSHI PHALKE , J.)
1. Both these Appeals arising out of the judgment and order of sentence passed by the Additional Sessions Judge, Yavatmal in Sessions Trial No.82/2016 dated 24.10.2018 by which the accused No.1/Gajanan Haridas Gawrane is convicted of the offence punishable under Section 302 of the Indian Penal Code (for short “IPC”) and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo further Rigorous Imprisonment for 6 months.
2. The accused No.1/Gajanan Haridas Gawrane, accused No.2/Sanjay Haridas Gawrane and accused No.3/Mahesh Haridas Gawrane are convicted of the offence punishable under Section 307 read with Section 34 of IPC for attempting to murder Subhash Gawrane and sentenced to suffer Rigorous Imprisonment for 10 years and fine of Rs.2,000/- each, in default to further suffer Rigorous Imprisonment for 6 months.
3. They
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
Culpable homicide distinguished from murder based on intention and knowledge; knowledge suffices for conviction under Section 304(II) of IPC, while failure to explain accused injuries does not negate....
The court emphasized that direct and circumstantial evidence can establish guilt beyond a reasonable doubt, particularly when eyewitness accounts, along with credible medical evidence, corroborate th....
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