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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, SANDESH D. PATIL
Vishal Ganesh Kasabe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandesh D. Patil, J.
1. The present appeal is directed against the Judgment and Order dated 23rd October 2019 passed by the learned Additional Sessions Judge, Pune in proceeding bearing Session Case No. 751 of 2013, by which the learned Additional Sessions Judge convicted the Appellant under Section 302 read with 34 of the INDIAN PENAL CODE (hereinafter referred as “IPC”) and sentenced him to suffer imprisonment for life and to pay fine of Rs. 5,000/-(Rupees Five Thousand Only). The appellant was however acquitted of the offence punishable under Section 120 B of the IPC.
2. The present Appellant is Original Accused No.2 (Vishal Ganesh Kasabe). By the impugned Judgment and Order, the Appellant, as well as Lallya @ Vishal Ravindra Dadar (Original Accused No.1), were convicted for the offence punishable under section 302, read with 34 of the IPC. Both, the Appellant as well as Lallya @ Vishal Ravindra Dadar (hereinafter referred to as Accused No. 1) have preferred separate appeals against the impugned Judgment and Order before this Court. By a separate order dated 26th November 2025, we have de-tagged the appeal of the accused No.1, Lallya @ Vishal Ravindra Dadar, since the sa
The court held that in criminal cases, especially those relying on circumstantial evidence, the prosecution must prove guilt beyond reasonable doubt, which was not met in this instance.
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....
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
Point if Law: Merely because appellate court on re-appreciation and re-evaluation of the evidence is inclined to take a different view, interference with judgment of acquittal is not justified if vie....
The prosecution failed to establish the accused's guilt beyond reasonable doubt due to inconsistent testimonies and lack of corroborative evidence.
Court overturned murder conviction citing doubts about witness credibility, lack of corroborating evidence, and reliance on confession without independent corroboration.
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
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