17
Cri.Appeals 516, 281 n 468 of 2012.odt
rt
life imprisonment imposed by the Trial Court would be an
C
ou
inadequate sentence and capital punishment is the only
punishment which is adequate punishment.
9.
Needless to state that in a case of murder exclusive
burden lies on the Prosecution to establish that death of a human
ig
h
being is caused. Prosecution has to overrule the possibility of
natural, accidental or suicidal death by adducing reliable and
H
convincing evidence clearly indicating the mode of death as
homicidal.
In the present case to prove homicidal death
Prosecution
has
strong
reliance
on
medical
and
ba
y
placed
circumstantial evidence.
10.
So far as factum of homicidal death is concerned,
om
evidence of PW25 Dr. Anand Bassaiya Mugadalimath and
PW30 Dr. Sachin Gade is important.
On 12th June, 2009
B
Dr.Mugadalimath was attached to Forensic Science Department
Government Medical College and Hospital, Aurangabad. Dead
body of Mansi Deshpande was brought to the hospital by Jinsi
Police. Dr. Mugadalimath stated that history of alleged assault
was given by police in the inquest Panchanama. Dead body was
identified by Aniket Deshpande brother of Mansi.
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