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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
NITIN B.SURYAWANSHI, SANDIPKUMAR C.MORE
Hariomdas Govinddas Bainade – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction of the appellant for homicide. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments by the appellant's counsel contesting evidence. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. motive and circumstantial evidence implications. (Para 14 , 30 , 31) |
| 4. conclusion regarding established guilt and inferential reasoning. (Para 28 , 29 , 32) |
| 5. final dismissal of the appeal. (Para 33) |
Judgment :
(Per Sandipkumar C. More, J.)
1. By way of this appeal, the appellant Hariomdas Govinddas Bainade i.e. the original sole accused, is challenging his conviction recorded by the learned Additional Sessions Judge, Aurangabad (hereinafter referred to as, “learned trial Judge”) for the offences punishable under Sections 302 and 309 of the Indian Penal Code (“I.P.C.” for (2) short) in Sessions Case No. 26 of 2018, under judgment and order dated 06.11.2019. Learned trial Judge has convicted the appellant for the offence punishable under Section 302 of I.P.C. and sentenced him to undergo imprisonment of life and to pay fine of Rs. 1,000/- i/d to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 309 of I.P.C. whereby he is sentenced to undergo
Circumstantial evidence must form a complete chain conclusively proving guilt; failure to provide plausible explanations by the accused strengthens the case for conviction.
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
The burden of proving a plea specially set up by an accused lies upon the accused, and in cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove ....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
A conviction for murder under Section 302 of the Indian Penal Code requires credible evidence beyond reasonable doubt, including corroborative evidence when relying on confessions or weapon recovery.
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
The prosecution must establish guilt beyond reasonable doubt based on conclusive circumstantial evidence, and the testimony of a witness must be of sterling quality.
The prosecution must prove guilt beyond reasonable doubt, and a conviction cannot be based solely on the recovery of a murder weapon without corroborative evidence.
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