Raju Baban Shirwale v. the State of Maharashtra
Case brief
What is this about?
This judgment rejects an application for suspension of a sentence imposed for murder and affray. The court held that the weapon recovered at the instance of the applicant constituted valid discovery under Section 27 of the Evidence Act and was not a fit case for suspension.
What did the court decide?
Criminal Application rejected; sentence remains in force without suspension.
What the court decided
2024:BHC-AUG:11412-DB
907-Criappl-901-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 901 OF 2024
IN CRIMINAL APPEAL NO. 977 OF 2023
Raju Baban Shirwale
….Applicant
VERSUS
The State of Maharashtra …..Respondent
Mr. Ghanekar Nilesh S., Advocate for Applicant Mr. A. D. Wange, APP for Respondent - State
CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 19.06.2024
PER COURT :
- This is an Application for suspension of substantive sentence imposed upon the Applicant / Appellant by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar, in Sessions Case No.45/2020 vide the Judgment and Order dated 05/09/2023 convicting the Applicant for the offence punishable under Sections 302 and 504 of the Indian Penal Code [for short ‘IPC’].
Issues for consideration
2 issues framed by the court
Whether the recovery of the murder weapon and weapon at the hands of the accused constitutes discovery under Section 27 of the Indian Evidence Act.
Whether the present case is fit for suspension of the substantive sentence imposed on the applicant for the offence of murder.
Parties & counsel
- applicant
Raju Baban Shirwale
- respondent
The State of Maharashtra
Coram
R. G. AVACHAT
Case details
As recorded by the court registry
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