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ABHAY S. OKA, UJJAL BHUYAN
Ramu Appa Mahapatar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
1. This appeal by special leave is directed against the judgment and order dated 02.12.2010 passed by the High Court of Bombay at Bombay (High Court) in Criminal Appeal No. 252 of 2005 (Ramu Appa Mahapatar vs. State of Maharashtra) whereby the High Court dismissed Criminal Appeal No. 252 of 2005 filed by the appellant.
2. Be it stated that the aforesaid criminal appeal was preferred against the judgment and order dated 15.10.2004 passed by the First Ad-hoc Additional District and Sessions Judge, Thane (Sessions Judge) in Sessions Case No. 52 of 2004 whereby and whereunder appellant was convicted under Section 302 of the Indian Penal Code, 1861 (IPC) and sentenced to suffer rigorous imprisonment (RI) for life and to pay fine of Rs. 1,000/- in default to suffer RI for 3 months.
3. Prosecution case in brief is that appellant lived with deceased Manda; it was a live-in relationship. Both of them were living in a chawl of PW-1 Ravinder Gopal Jadhav, who was the landlord. Appellant informed PW-1 that his wife had expired and that he was going to her parents’ house at Dipchale village to inform them. Thereafter, appellant alongwith his son went to Dipchale village
(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
Extrajudicial confessions are weak evidence and require corroboration; reliance on them must be cautious and supported by credible evidence.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Extra-judicial confessions, even without prior acquaintance, can be credible if made immediately post-offence, supporting murder convictions.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt, as primarily relied upon uncorroborated extra-judicial confessions and inconsistent witness testimonies.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
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