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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Manish Pitale, Shreeram V. Shirsat, JJ.
Sanjay Ramchandra Pokharkar - Appellant
Versus
The State of Maharashtra (At the instance of Koparkhairne Police Station) - Respondent
Criminal Appeal No.546 of 2012
Decided On : 30-03-2026
| Table of Content |
|---|
| 1. appeal challenges murder conviction on circumstantial evidence. (Para 1 , 2 , 4 , 5 , 6 , 7) |
| 2. parties dispute completeness of evidence chain. (Para 8 , 9 , 10 , 11) |
| 3. circumstantial evidence requires conclusive unbroken chain. (Para 12 , 13 , 14) |
| 4. gold chain recovery alone insufficient; defence probable. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. presumption if theft-murder same transaction. (Para 28 , 29 , 30) |
| 6. no murder inference from stolen property alone. (Para 31 , 32 , 33) |
| 7. suspicion cannot replace proof beyond doubt. (Para 34 , 35 , 36 , 37) |
| 8. acquittal for prosecution's proof failure. (Para 38 , 39 , 40) |
JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the impugned Judgment and Order dated 05.03.2012 passed by the Additional Sessions Judge, Thane in Sessions Case No. 356/10 whereby the Appellant has been convicted under Section 302 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 Rigorous Imprisonment for 6 months. The Appellant has been acquitted of the offence under Section 201 of IPC by the Additional Sessions Judge, Thane.
2. Brief facts of the prosecution’s case are as under:
a. On 27/05/2010, a missing complaint was filed by one Mangal Prabhu Gade, mother of the deceased, stating that her son Amol Prabhu Gade, aged 18 years old, had left the house at about 06.00 p.m on 26/05/2010. It is further the case that her son had told her that he was going for attending one marriage ceremony of his friend. It is further the case that when her son did not come back for the entire night and he could not be traced out, she filed missing report on 27/05/2010.
b. It is further the case that on 29/05/2010, an intimation was received by Rabale Police station that one dead body was lying in the creek beside Palm Beach road Sector-9, Ghansoli, Navi Mumbai. It is further the case that she and her brother, Sakharam Sitaram Nehere, identified the said body to be the body of Amol Prabhu Gade. It is further the case that it was disclosed in post mortem report that he died of a head injury due to heavy, hard and blunt object. Thereupon, Sakharam Sitaram Nehere, lodged the First Information Report and the offence was registered on the basis of the same vide C.R. No. I 125/10.
c. Thereafter, the investigation commenced. The present Appellant came to be arrested on 1/6/2010. Mobile phones and a gold chain belonging to the deceased were recovered. Upon completion of the investigation, a charge-sheet was filed against the accused-appellant.
d. Charges were framed under Sections 302 and 201 of the Indian Penal Code against the Accused-Appellant to which the Appellant pleaded not guilty and claimed to be tried.
3. To bring home the guilt of the Accused-Appellant, the prosecution in all examined 24 witnesses (PW1 to PW 24). The Appellant has examined one witness as his defence witness (DW1):
| Exahabit | Person Name | Relation/Description |
|---|---|---|
| PW 1 | Sakharam Sitaram Nehere | Maternal Uncle of the deceased, the Complainant who registered FIR |
| PW 2 | Mangal Prabhu Gade | Mother of the deceased |
| PW 3 | Sudhakar Raghunath Vajde | Neighbour of the deceased. The deceased was using his bike. |
| PW 4 | Panduranga Bal Bhim Chaure | He saw the accused at Palm Beach on the night of 26/05/2010. |
| PW 5 | Vishnu Babu Rathod | Friend of the accused |
| PW 6 | Munna Brijbhushan Pande | Friend of the accused |
| PW 7 | Nitesh Raju Pawar | Friend of the accused |
| PW 8 | Anju Basu Kayal | She had a love affair with the accused. (hostile) |
| PW 9 | Shitala Prasad Ramachal | Shopkeeper of cycle repairing and cold drink shop near Dargah at Ghansoli. |
| PW 10 | Santoshkumar Mohanlal Yadav | Shopkeeper of Janu wine shop at Ghansoli. |
| PW 11 | Suryakant Sitaram Kadam | Panch for Inquest panchnama |
| PW 12 | Moreshwar Vasant Madhavi | Informant who saw the dead body at Palm Beach |
| PW 13 | Swapnil Shivaji Dhaste | Panch for the recovery of vodka and sprite bottles |
| PW 14 | Deepali Yogesh Hedavu | Bank Manager of Manipuram General Finance and |
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
The court ruled that circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, emphasizing the need for corroboration and the benefit of doubt for the accused.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
The necessity for the prosecution to prove guilt beyond reasonable doubt in cases relying on circumstantial evidence, and the importance of establishing a clear connection between the accused and the....
Circumstantial evidence must form a complete chain pointing to guilt, excluding any possibility of innocence, to sustain a conviction for murder and robbery.
Possession of stolen property establishes presumption of guilt in murder and robbery cases, despite delays in recovery; the link between offenses must be clear and established.
(1) Murder – Proof of motive only adds to weight and value of evidence adduced by prosecution.(2) Evidence of a witness ought not be rejected only on the ground that he is a relative of injured/decea....
Point of Law : There is no evidence on record as to on what basis the Investigating Officer approached PW2 and PW3 to ascertain how the goats have been transported. There is also nothing on record to....
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