BABAN BHIVA JADHAV vs THE STATE OF MAHARASHTRA

8 Apeal-631-1998.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 631 OF 1998 Baban Bhiva Jadhav ...Appellant Residing at :- Gutichi Wadi, Kandalepada Tal. Pen, District Raigad Vs. The State of Maharashtra ...Respondent ***** Mr. Shivprasad P. Vernekar Advocate for the Appellant i/by Mr. Pratap Patil Mr. H. J. Dedhia APP for the Respondent-State ***** CORAM : S. M. MODAK, J. DATE : 03rd JULY 2025 ORAL JUDGMENT :- 1. Heard learned Advocate Shri Vernekar for the Appellant-accused and learned APP Shri Dedhia for the Respondent-State. 2. The only issue arisen in this Appeal is “ whether the prosecution evidence is sufficient to warrant conviction for an offence punishable under Section 304, Part-II of the Indian Penal Code ”. 3. The learned Advocate for the Appellant tried his level best to 4. The learned APP supported the conviction and additionally, he submitted that after the incident the Appellant absconded for three years and that is why the charge-sheet was filed as per the provisions of Section 299 of the Criminal Procedure Code. 5. The prosecution case needs to be stated. It is as follows: a) The deceased-Laxmibai Baban Jadhav wa