Summary of Judgement
                                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.
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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.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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Appreciation
- Acknowledgment of legal representation and efforts made during the proceedings.
 
 
                             
                                                                                    
                            
                                                        
                             
                                                            Case Title: Mr. Mohan @ Machindra Shankar Mandale Versus The State of Maharashtra
                                                                                        Citation: 2024 Lawtext (BOM) (6) 117
                                                                                        Case Number: CRIMINAL APPEAL NO. 926 OF 2015
                                                                                                                    Advocate(s): Dr. Uday P. Warunjikar, Appointed Advocate a/w Mr. Aditya Kharkar for the Appellant.  Mr. J.P. Yagnik, APP, for the Respondent-State. 
                                                                                    
                            
                                Date of Decision: 2024-06-11