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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
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 Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for six months and pay a fine of Rs. 500/- in default to suffer RI for 2 months.
2. Brief facts of the prosecution’s case are as under:
a. On 04/09/2016, one Mahadev Baburao Gadhwe lodged a complaint that when he was going towards Pune at about 10:30 a.m., one person coming from the Baramati side told him that one person was lying on the road and some other persons were gathered there. Hence, the Complainant went at the site and found that near the field of one Majid Abbas Pathan, on the side of the road going towards Bholobawadi, one person aged about 20 to 25 years was lying on his stomach i
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 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.
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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