Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Bombay confirming the conviction of the appellant for an offence under S. 302, Indian Penal Code, read with S. 34 for the murder of one Lahu Vithu Patil on the night between May 23, and 24, 1960 at village Pasarde.

2. Four persons Rama Krishna Patil accused No. 1. Bhiva Doulu Patil accused No. 2 ( now appellant before us ), Lahu Santu Patil accused No. 3 and Deoba approver P. W. 5 are alleged to have taken part in the murder of Lahu Vithu Patil. Rama Krishna Patil accused No. 1 was convicted of murder and sentenced to death but on appeal his sentence was reduced to one of imprisonment for life. The appellant was convicted as above stated and sentenced to imprisonment for life. The third accused Lahu Santu Patil was acquitted and the 4th participant Deoba turned approver and is P.W.5.

3. The case for the prosecution was that the appellant had a suspicion that the deceased had a liaison with his wife. He the appellant, approached the approver and suggested that the deceased should be killed. This was on March 16, 1960. On March 17, 1960, Rama Krishna Patil accused No. 1 and appellant got a knife prepared by Nanu Santu Sutar P. W.7 from a crowbar. The deceased was a wrestler and he and his brothers used to sleep in the fields and they also had dogs and for that reason the murder could not be committed for sometime. When rains set in, the deceased started sleeping at Patil s Talim (gymnasium). There on the night of the murder the deceased was killed with the knife which was used by Rama Krishna Patil accused No. 1. At that time the appellant had a torch and two others Lahu Santu Patil and Deoba were unarmed. Two blows were given by accused No. 1 one on the throat and the second one on the left side of the chest. At the place of the occurrence the assailants left a towel and a patka(turban). Both these articles have been found to belong to accused No.1 Rama Krishna Patil. Hearing the noise and groaning of the deceased, Lahu Vithu Patil, other persons who were sleeping were awakened and one of them went and informed the brother of the deceased and then the first information report was made to the police but no names were mentioned therein. On June 6, 1960, Deoba was arrested on information received by Police Sub-Inspector Mandke. On June 25, 1960 as a result of a statement made by accused No.1 the knife which is alleged to have been used for the murder was recovered. This knife is stated to be stained with blood but it has not been proved to be human blood. It may be stated that the knife was of rather unusually large dimension. The two injuries on the deceased were very extensive and according to the medical evidence they could have been caused the knife which was recovered.

4. The question that arises in the present case is whether the statement of the approver has been corroborated in material particulars and qua the appellant. The trial court convicted the appellant on the testimony of the approver s and found corroboration for the approver s testimony in the statement of Natu Santu Sutar P.W.7 who had prepared the knife alleged to have been used for the offence of March 17, 1960 and his motive to commit the murder because of the suspicion he had about his wife having a liaison with the deceased. These facts according to the learned Judge were sufficient to convict the appellant. The High Court on appeal found corroboration in material particulars; from the evidence of Santu P.W. 6 brother of Deoba to whom Deoba had made a confession of his participation in the offence; the discovery of the knife at the instance of accused No. 1 and the knife being found blood stained & the unusual character of the knife which fitted in with the dimensions of the injuries caused to the deceased. From those facts the learned Judges came to the conclusion that the approver Deoba was giving a true version of the occurrence. With great respect to the High Court we