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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Urmila Joshi-Phalke, Nandesh S.Deshpande
Vishwas @ Guddu Rajesh Dahiwale – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. prosecution's factual basis of the case. (Para 3 , 4 , 6 , 10) |
| 2. court's findings on the medical evidence and its implications. (Para 8 , 14 , 15 , 16) |
| 3. arguments regarding the reliability of eyewitness testimonies. (Para 11 , 12 , 13) |
| 4. assessment of eyewitness credibility. (Para 32 , 33 , 36 , 39) |
| 5. common intention and shared culpability established. (Para 62 , 63 , 66) |
| 6. final judgment—appeal dismissed. (Para 67 , 68) |
JUDGMENT :
Urmila Joshi-Phalke, J.
1. By this appeal, the appellants (the accused persons) have challenged judgment and order dated 16.7.2019 passed by learned Additional Sessions Judge, Nagpur (learned Judge of the trial court), in Sessions Trial No.48/2016.
2. By the said judgment impugned in the appeal, the accused persons are convicted for offence punishable under Section 302 read with 34 of the IPC and sentenced to undergo imprisonment for life and to pay fine Rs.50,000/-, in default, to undergo further simple imprisonment for one year..
3. Brief facts of the prosecution case are as under:
On 28.9.2015, Rakesh Ramteke (the deceased) had a quarrel with the accused persons who are residents of the same locality. During the said quarrel, the decea
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
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.
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....
The court affirmed that all members of an unlawful assembly are liable for actions taken in support of their common objective, showcasing the interplay between direct and circumstantial evidence in e....
The main legal point established in the judgment is the reliance on the sole eyewitness testimony, corroborative evidence, and the applicability of Section 27 of the Indian Evidence Act in confirming....
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....
The court held that conviction based on circumstantial evidence requires a complete, unbroken chain of circumstances that unerringly point to guilt, which was not established in this case.
Conviction for murder upheld based on consistent witness testimony, and acquittal appeals require high scrutiny, with previous enmity not negating witness credibility.
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