IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Shrikant Kamal Chavan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHREERAM V. SHIRSAT J.
1. The present Appeal has been filed challenging the Impugned judgment and order dated 17.03.2021, passed by the Additional Sessions Judge, Pune, convicting the accused-appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for six months.
2. Brief facts of the case of the prosecution are as under:
a. It is the case of the prosecution that on 01.04.2019, at about 11.29 am, Complainant Tarabai Jaywant Rathod lodged a complaint at Wanawadi Police Station stating that she was residing at Wadkar Mala, Laxmi Park, Mohammedwadi, Hadapsar, Pune, along with her husband Jaywant, son Uttam and daughter Pallavi. Her elder daughter Sangita Shrikant Chavan was residing since 29.03.2019 in a temporary hut erected in an open space, along with her husband Shrikant Kamal Chavan (the accused) and their two minor children. It is further the case that the complainant and her family members were working as labourers and were residing in temporary huts. It is further the case that Sangita had married the accused about fi

Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
The prosecution must prove its case beyond reasonable doubt; lack of credible evidence and inconsistencies in witness testimonies can lead to acquittal.
Delay in lodging FIR and procedural deficiencies prejudice the defense, necessitating strict evidence standards for murder charges
The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.
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