Back
IN THE HIGH COURT OF BOMBAY AT GOA
VALMIKI MENEZES, SHREERAM V. SHIRSAT
Manohar Ketkar – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
Shreeram V. Shirsat, J.
1. Registry to waive office objections and register the matter.
2. The Appeal is filed challenging the conviction of the Appellant vide Judgment and Order dated 17/08/2024 and 22/08/2024 in Sessions Case No.29/2014 passed by the Court of the Additional Sessions Judge, at Mapusa, wherein the Appellant was convicted under Section 302 of The INDIAN PENAL CODE , 1860 and was sentenced to undergo rigorous imprisonment for life and was directed to pay fine of Rs.50,000/- (Rupees Fifty Thousand Only) and in default of payment of fine to undergo simple imprisonment for a period of 2 months.
3. Brief facts of the prosecution case are as under:-
a. That on 19/11/2013, a complaint was filed by Mr. Manoj Manohar Ketkar to the effect that on 18/11/2013 at about 14:30 hrs., Accused/Appellant Manohar Ketkar committed murder of his wife Manisha Manohar Ketkar (Mother of the Complainant) over suspect of her character.
b. That upon receipt of such information, Bicholim Police Station registered Crime No. 203/2013 at 1:30 hrs. under Section 302 of the INDIAN PENAL CODE , 1860. That in pursuance of the said complaint, a search in Ladfem area near Nestle Factory was con
The court held that mere suspicion is insufficient for a conviction; a complete chain of circumstantial evidence is required to establish guilt beyond a reasonable doubt.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
