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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Suresh Bapu Koli @ Taral – Appellant
Versus
State of Maharashtra, (Through Daund Police Station, Pune) – Respondent
| Table of Content |
|---|
| 1. prosecution's factual background and trial proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions on circumstantial evidence links. (Para 7 , 8 , 9 , 10) |
| 3. circumstantial evidence requires complete guilt chain. (Para 11 , 12 , 13) |
| 4. long time gap weakens last seen theory. (Para 14 , 15 , 16 , 17 , 18) |
| 5. open place recovery lacks evidentiary credibility. (Para 19 , 20 , 21 , 22) |
| 6. motive needs cogent proof beyond suspicion. (Para 23 , 24) |
| 7. prosecution lapses invite adverse inference. (Para 25) |
| 8. document marking presumes waived formal proof. (Para 26) |
| 9. acquittal for incomplete circumstantial chain. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the impugned Judgment and Order dated 08.08.2022 passed by the Additional Sessions Judge- 2, Baramati, District Pune, in Sessions Case No. 09/2017 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 to pay a fine of Rs.2,500/- and in default to undergo Rigorous Imprisonment for 1 year. The Appellant has also been convicted under section 201 of the Indi
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
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....
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
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....
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 ....
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
Circumstantial evidence conviction requires complete chain excluding innocence; unreliable last seen due to time gap, tainted recoveries from duress/public access justify acquittal.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
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