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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Prakash Tukaram Bhosale – Appellant
Versus
State of Maharashtra (Through Officer in charge Mundhwa Police Station, Pune) – Respondent
JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the impugned Judgment and Order dated 18.12.2019 passed by the Additional Sessions Judge, Pune Dist. in Sessions Case no. 823/2016 whereby the Appellant was convicted of the offence punishable under section 302 r/w 34 of the Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for Life and pay a fine of Rs. 5,000/- and in default to undergo Simple Imprisonment for 3 months.
2. Briefly stated facts of the prosecution’s case are as under:
a. On 26.05.2016, at about 10.30 p.m., the informant (mother of deceased Suraj @ Bablu) observed that her son’s mobile phone was ringing. Upon answering the call, the caller had disclosed his name as Prakash. Thereafter, Suraj woke up and called him back. After some time, both the Accused, Prakash Bhosale and Subhash Kengar, arrived at the house of Suraj on motorcycle and took away the deceased Suraj on their motorcycle at about 11 p.m.
b. On 27.05.2016, at about 04.00 a.m., person named Gaikwad, accompanied by police personnel, came to the house of the mother of the deceased and informed her that one boy is lying in injured condition near Renuka Mata Te
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 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 ....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
The court emphasized that circumstantial evidence must be reliable and corroborated; mere reliance on the last seen theory is insufficient for conviction.
Point of Law : Circumstance of last seen together does not by itself and necessarily lead to the inference that it was accused who committed the crime. There must be something more establishing conne....
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
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.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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