R.V.RAVEENDRAN, G.P.MATHUR
Sambhaji Hindurao Deshmukh – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Based on the provided legal document, here are the key points:
The appeal was filed against the judgment of the High Court which reversed the acquittal of the accused by the trial court. The trial court had found the evidence insufficient to prove the guilt of the accused, whereas the High Court had convicted them based on the same evidence (!) (!) .
The central issue involved allegations of participation by the accused in an unlawful assembly, rioting, and causing homicidal death and injuries. The prosecution's case relied heavily on eyewitness testimony from the family members of the deceased, who were also injured witnesses, and on alleged disclosures leading to weapon recoveries (!) (!) .
The trial court noted significant inconsistencies and contradictions in the testimonies of the witnesses, especially the close relatives of the deceased, and found the evidence unreliable. It also emphasized the lack of independent witnesses, the suspicious delay in discovering the body, and unexplained circumstances surrounding the incident (!) (!) .
The High Court, however, believed the testimony of the close family members who were injured and relied on the evidence of the accused's alleged disclosures and weapon recoveries to establish guilt. It disregarded the trial court’s findings on the unreliability of certain witnesses and the inconsistencies in the evidence (!) (!) .
The appellate court emphasized that interference with acquittal judgments is only justified when there are strong reasons to dislodge the trial court’s findings. It reiterated the principle that if two reasonable views can be drawn from the evidence, the view favoring the accused should be accepted, and the benefit of doubt should be given to the accused (!) .
The court scrutinized the evidence regarding the attack on the deceased. It found that only one eyewitness (the father) provided specific details implicating certain accused, while the other witnesses did not see the attack or contradicted earlier statements. The evidence was further weakened by the fact that some witnesses' testimonies appeared to be afterthoughts or improvements, and there was a lack of corroboration from independent witnesses (!) (!) .
Several suspicious circumstances were highlighted, such as the delay in discovering the body, the unnatural conduct of the witnesses, and the absence of the accused from the scene during critical times. The conduct of the witnesses and the inconsistencies in their testimonies cast doubt on the prosecution’s version of events, suggesting possible false implication of the accused due to previous enmity (!) (!) (!) .
The evidence regarding the recovery of weapons was also discredited because the witnesses who purportedly made disclosures and led to the weapon recoveries turned hostile and denied the statements. This further undermined the prosecution’s case (!) (!) .
The evidence of injuries inflicted on the family members was inconsistent and unreliable, with different witnesses providing contradictory accounts of who caused injuries and with what weapons. The absence of independent witnesses and the inconsistent testimonies about the injuries further weakened the case against the accused (!) (!) (!) .
Overall, the appellate court concluded that the evidence was insufficient to establish the guilt of the accused beyond reasonable doubt. It reaffirmed that the trial court’s findings, based on a proper appreciation of the evidence, should be respected unless there are compelling reasons to overturn them. Therefore, the appeal was allowed, the conviction and sentence were set aside, and the accused were to be released (!) (!) .
judgment
R.V. Raveendran, J. —
1.This appeal by the accused 2 to 6 is against the judgment dated 29/30.3.2005 of the Bombay High Court allowing the Criminal Appeal No.193 of 1995 filed by the State of Maharashtra and reversing the judgment of acquittal dated 30.1.1995 passed by the IV Additional Sessions Judge, Satara in Sessions Case No.123 of 1989. For convenience, appellants 1 to 5 will be referred to as accused nos. 2, 3, 4, 5 and 6 respectively.
2.The case of the prosecution in brief is as under :
2.1)The family of Ganpat consisting of himself, his wife Putlabai and sons Shivaji, Vilas and Ananda, were residents of Kusur village. Ganpat and his sons belonged to the group of one Adhikrao Kadam and had canvassed against Sambhaji (accused no. 2) and his group in the Gram Panchayat Elections. Though A2 got elected, his group has defeated. Further Ganpat allegedly refused to transfer three Guntas of land in the village belonging to his family, as demanded by A2 Sambhaji. Consequently A2 and his supporters had a grudge against Ganpat and his family. A2 Sambhaji, as Chairman of the local co-operative society had withheld the issue of ‘no-due’ certificate to Ganpat and caused hardship t
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