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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE
Manojsingh Panjabsingh Bhada – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
( Per : Urmila Joshi-Phalke)
1. By this appeal, the appellant (accused) has challenged judgment and order dated 16.5.2019 passed by learned Additional Sessions Judge-3, Amravati (learned Judge of the trial court), in Sessions Trial No.93/2015.
2. By the said judgment impugned in the appeal, the accused is convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life for each murder and to pay fine Rs.1000/-, in default, to undergo further imprisonment for one month.
He is also convicted for offence punishable under Section 499 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay fine Rs.500/-, in default, to undergo simple imprisonment for 15 days.
3. Facts of the prosecution case in a nutshell are as under:
The accused is charged for committal of murder of three persons namely Panjabsingh Gulabsingh Bhada, who is father of the accused; Anjura Rameshwar Uike; and Gopal Birju Uikey. On 24.1.2015, Rajeshsingh Panjabsingh Bhada lodged a complaint at Benoda Police Station that the accused is his brother and deceased Panjabsingh is his father. They are residing at Bargaon, taluka Warud, district Amravat
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....
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
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 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....
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 judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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