Case Note & Summary
Appeal against a judgment convicting the Appellant under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code. The case involves the discovery of two bodies, a woman and a child, with the prosecution alleging that the Appellant murdered his wife and son due to marital discord and suspicion. The prosecution's case relied on circumstantial and ocular evidence, including witness testimonies. However, the Court ultimately acquitted the Appellant, citing inconsistencies in witness testimonies and giving him the benefit of the doubt.
Introduction and Background
Overview of the appeal against the conviction dated June 19, 2015, in Sessions Case No. 147 of 2014. Charges against the Appellant under Sections 302 and 201 of the IPC.Legal Representation
Representation by Dr. Warunjikar, appointed by the Legal Aid Committee, and Advocate Mr. Aditya Kharkar for the Appellant. Arguments heard from both sides.Prosecution Case
Events on February 2, 2012, including the discovery of bodies and initial police actions. Background of marital discord and alleged mistreatment of the deceased wife by the Appellant.Witness Testimonies
Testimonies of key witnesses (PW-1, PW-2, PW-5, PW-10) detailing their observations and statements relevant to the case. Inconsistencies noted in witness testimonies, particularly regarding who was present with the Appellant on the day of the incident.Court Proceedings and Evidence
Details of the charge framing, evidence presented, and examination of witnesses. Circumstantial evidence and the theory of 'last seen together' as a basis for prosecution.Court's Decision
Analysis of the evidence and witness testimonies. Acquittal of the Appellant due to benefit of doubt, emphasizing inconsistencies in witness accounts and lack of conclusive evidence linking the Appellant to the crime.Conclusion and Order
Quashing of the lower court's judgment. Acquittal of the Appellant from all charges. Direction for immediate release from prison and communication of the judgment to relevant authorities.Appreciation
Acknowledgment of legal representation and efforts made during the proceedings.
Issue of Consideration: Mr. Mohan @ Machindra Shankar Mandale Versus The State of Maharashtra
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