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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Mukesh Mahadev Musahar – Appellant
Versus
State Of Maharashtra (Through MRA Marg Police Station) – Respondent
JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. These are two Appeals challenging the judgment and order of conviction recorded by the Learned Sessions Judge for Greater Bombay, at Bombay on 12/01/2018 in a Sessions Case No. 459 of 2016, holding the Appellants guilty under Section 235 (2) of Criminal Procedure Code for offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 2,000/- each, in default to suffer rigorous imprisonment for one month.
2. Although the Appellants have preferred two separate appeals, both the Appeals are being disposed of by a common order since the Appellants are convicted vide common judgment and order dated 12/01/2018. For the sake of brevity and contextual convenience, the Appellants are referred herein as to Appellant No 1 who is Accused No 1-Avinash Bhushan Pimpalkar @ Raju and Appellant No 2 who is Accused No 2-Mukesh Mahadev Musahar.
3. The Case of the prosecution is encapsulated as under :
a. It is the case of the complainant, that on 25/03/2016, he received a message from police control room at about 09.00 a.m. that a dead body was lying near the compound of Railway C
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
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 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....
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.
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
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....
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