Samsher Nawazali @ Abbas Niwas Shah vs The State Of Maharashtra
Judges (2)
Case Significance
Samsher Nawazali @ Abbas Niwas Shah vs The State Of Maharashtra is a Bombay High Court decision dated December 2, 2024 (citation: ik-18367834). The appellant challenged his conviction under Section 302 IPC (murder) and Sections 3 and 25 of the Arms Act, with a life sentence imposed by the Sessions Court. The Division Bench allowed the appeal and acquitted the appellant, finding the prosecution had failed to prove its case beyond reasonable doubt — the circumstantial evidence chain was incomplete and each circumstance in isolation would not establish guilt. Multiple lacunae including issues with witness credibility, recovery evidence, The bench comprised Justices Bharati Dangre and Manjusha Deshpande. The judgment was delivered by Justice Bharati Dangre. Counsel appearing: J.P. Yagnik (counsel for respondent), Sandeep Karnik (counsel for appellant).
Summary
The appellant challenged his conviction under Section 302 IPC (murder) and Sections 3 and 25 of the Arms Act, with a life sentence imposed by the Sessions Court. The Division Bench allowed the appeal and acquitted the appellant, finding the prosecution had failed to prove its case beyond reasonable doubt — the circumstantial evidence chain was incomplete and each circumstance in isolation would not establish guilt. Multiple lacunae including issues with witness credibility, recovery evidence, and failure to establish motive gave rise to benefit of doubt.
What was the outcome of Samsher Nawazali @ Abbas Niwas Shah vs The State Of Maharashtra?
The appellant challenged his conviction under Section 302 IPC (murder) and Sections 3 and 25 of the Arms Act, with a life sentence imposed by the Sessions Court. The Division Bench allowed the appeal ...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-18367834)