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JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the Impugned Judgment and Order dated 05.05.2012 passed by the Additional Sessions Judge, Vasai in Sessions Case No. 48 of 2010, whereby the Appellant was convicted under Section 302 of the Indian Penal Code (I.P.C.) and has been sentenced to suffer Life Imprisonment with fine of Rs. 3,000/- and in default to undergo Simple Imprisonment for 6 months. The Appellant was also convicted for offence under Section 201 of I.P.C., and has been sentenced to suffer Rigorous Imprisonment for 3 years and to pay a fine of Rs. 2,000/- and in default to suffer Simple Imprisonment for 3 months.
2. Brief facts of the case of the prosecution are as under:
a. It is the case of the prosecution that on 10th January 2010 at about 9.00 a.m. when the Complaint P.W. 1 - Prashant Raut was on his way towards National School, he saw a dead body with crushed face under a Tamarind Tree near National School. Since the place was falling within the jurisdiction of Virar Police Station, he informed the police. Accordingly, C.R. No. I-8 of 2010 was lodged in Virar Police Station.
b. Pursuant to the registration of FIR, the investigation c
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 murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
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