BABAN BHIVA JADHAV vs THE STATE OF MAHARASHTRA

Judgment text excerpt

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 Digitally signed by SEEMA SEEMA KSHITIJ KSHITIJ YELKAR YELKAR Date: 2025.07.07 19:00:54 +0530 Seema 1/13 8 Apeal-631-1998.doc point out how there are inconsistencies in two dying declarations and how two witnesses have not supported the prosecution case. He has also tried to point out how there are lacunae in the investigation. I will deal with them in subsequent part of the order. 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 was resident of Gutichi Wadi, Tal Pen, District Raigad. The present Appellant is her husband. Both of them have five children. b) The incident took place on 24.03.1994 at about 08.00 p.m.. The deceased-Laxmibai was pr