IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Manish Pitale, Manjusha Deshpande
Roshan Jaywant Pagare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANISH PITALE, J.
By these appeals, the appellants (original accused Nos.1 and 3 to 6) have challenged judgment and order dated 10.11.2020 passed by the Court of Additional Sessions Judge (Court No.6), Nashik, hereinafter referred to as the trial Court, whereby the appellants have been convicted and sentenced under Sections 302, 324, 143, 147, 148 and 307 of the Indian Penal Code, 1860 (IPC). They have been sentenced for imprisonment under the aforesaid provisions, for periods ranging between 6 months to rigorous imprisonment for life, along with directions to pay fine amounts, failing which specific sentences of imprisonment have been imposed. The original accused Nos.2, 7 and 8 were acquitted by the trial Court.
2. The case of the prosecution in brief is that in the night of 17.08.2017 at about 10:00 p.m., when Suraj Khode (P.W.4) went for a walk and reached in the front of Happy Games Zone, Kala Nagar, Nashik, he met Amol Nikam (P.W.5) and Nikhil More i.e. the deceased. They were talking on the stairs in the front of Happy Games Zone, when suddenly John Kajale (A6) came from the side of the wall of Venkatesh Krupa Building and said to Nikhil More as to why he had been te
The conviction of the accused was reversed due to insufficient corroboration of eye-witness accounts and the potential for false implication stemming from previous enmity.
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....
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
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.
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
(1) Appreciation of evidence – Testimonies of prosecution witnesses, before their acceptance must be tested on established parameters of appreciation of evidence.(2) Appreciation of evidence – Positi....
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