LAWS(BOM)-2022-4-223

SHAILENDRASINGH SHIVMURTISINGH THAKUR Vs. STATE OF MAHARASHTRA

Decided On April 08, 2022
Shailendrasingh Shivmurtisingh Thakur Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Criminal Appeal No. 64 of 2014 preferred by original accused nos. 2 to 6 and Criminal Appeal No. 480 of 2014 preferred by original accused no.1 are directed against the judgment and order of conviction passed by the Additional Sessions Judge, Ahmednagar dtd. 21/10/2013 in Sessions Case No. 51 of 2008.

(2.) Brief facts giving rise to the prosecution case are as follows:

(3.) Learned counsel appearing for the appellants in both the appeals submit that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. It is submitted that the prosecution has failed to establish the chain of circumstantial evidence. Learned counsel submits that the circumstances brought on record are not consistent with the hypothesis of the guilt of the accused. Learned counsel submits that mere recovery of the articles said to have been recovered from the accused and identified as ornaments belonging to the deceased cannot help the prosecution to prove its case. Merely on the basis of recovery of the alleged stolen articles only from four accused persons, the offence punishable under Sec. 397 of IPC cannot be made out.