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2010 (4) Supreme 59
SUPREME COURT OF INDIA
P. Sathasivam, H.L. Dattu, JJ.
Balraje @ Trimbak — Appellant
versus
State of Maharashtra — Respondent
Criminal Appeal No. 1978 of 2008
Decided on : 10-5-2010
(b) Indian Penal Code, 1860 – Section 302 – Even one blow is sufficient for conviction u/s 302 if it was on vital part and the victim died because of it. (Para 12)
(2006) 2 SCC 450; (2008) 8 SCC 270 – Relied upon
(1968) 2 SCR 450 – Distinguished
(c) Code of Criminal Procedure, 1973 – Section 464 – It is possible for the appellate or revisional court to convict an accused for an offence for which no charge was framed – Particularly so when the accused was made aware of the basic ingredients of the offence and the main facts sought to be established against him were explained to him during his examination u/s 313. (Para 13)
(2006) 2 SCC 450 – Relied upon
(d) Criminal Trial – Well settled that even if acquittal is recorded in respect of the co-accused on the ground that there were exaggerations and embellishments, yet conviction can be recorded if the evidence is found cogent, credible and truthful in respect of another accused. (Para 14)
Facts of the case:
This is an appeal against conviction and sentence for offence of murder.
Finding of the Court:
There is no infirmity in the impugned judgment.
JUDGMENT
P. Sathasivam, J. —
1)This appeal is directed against the final judgment and order dated 17.04.2008 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 310 of 1997 whereby the High Court dismissed the appeal of the appellant confirming his conviction and sentence awarded by the Sessions Judge, Beed in Sessions Case No. 131 of 1996 on 11.09.1997.
2)The case of the prosecution is as under:
a) The deceased-Kailas was residing in Bedre Galli at Georai along with his family. The house of appellant- accused is opposite to the house of the deceased. There was enmity between the family of the appellant-accused and the family of the deceased. It is said that they were on inimical terms with each other. On 21.07.1996, at about 11.30 p.m., when Kailas was sleeping in the front room of his house, his wife Kausalyabai (PW-2) and their children were sleeping in the rear side of the room, Balraje - the appellant had called the deceased to open the door. On hearing the noise of opening the door by Kailas, his wife followed him. When Kailas opened the door, Balraje pulled him out by holding his banian, as a result the banian was torn and came into the hands of Balraje which he threw away and then he gave a knife blow on the chest of Kailas. Thereafter, Kailas started running towards upstairs and called Rameshwar Burande (PW-1), who was residing on the first floor of the building. On hearing the commotion, Rameshwar (PW-1) started coming down. Balraje inflicted a knife blow on the leg of PW-1 and made him to fall on the ground. Sherya Mote (A-4) also inflicted blow on the chest of Kailas and he was thrown on the ground from the steps. The other three persons beat Kailas with wooden pieces. On hearing shouts, people gathered and the appellant along with three persons ran away in a jeep which was brought by them. The neighbours had taken Kailas and Rameshwar (PW-1) to the hospital at Georai in a Auto Rickshaw. Dr. Talwadkar, (PW-17), after giving first aid, referred them to the Civil Hospital at Beed as he found that the condition of the injured was critical. Then they were carried to the Civil Hospital, Beed in a jeep. Kailas died in the Civil Hospital between 3.00 to 3.30 a.m
b) The complaint of PW-1 was recorded in the Civil Hospital, Beed which is Ex. 35. On the basis of the said complaint, FIR was registered with the Police Station, Beed, for the offences punishable under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code. The said complaint was then forwarded to the Police Station, Georai. P.I. Kendre, PW-19, had received the complaint filed by PW-1 at about 9.30 a.m. on 22.07.1997. On the basis of the said complaint, P.S.I. Gajare registered Crime No. 132/96 and handed over the investigation to P.I. Kendre (PW-19). PW-19 went to the place of incident and had drawn a panchnama of place of offence (Ex.54). During the Panchanama, he noticed blood stained mattress, pillow, bed sheet, torn piece of banian, one chappal and a piece of wood were lying on the spot. He then went to the house of Balraje - the appellant herein in his search but he was not there. During his visit to the house, he found that one jeep was parked in the premises and there were blood stains in the jeep. He then attached the said jeep under panchanama as Ex.55. In the said jeep, he found a piece of plank used in the assault and one slipper. He had also seized a piece of stepney and pieces of seat covers which were stained with blood in order to send it to the chemical analyzer.
c) Initially the crime was registered for an offence punishable under Section 307 of the IPC but later on it was converted to Section 302 of the IPC. After the death of Kailas, the panchanama of the inquest of the dead body was prepared which was filed as Ex.29. The clothes which were on the dead body were seized and placed as Ex.30. The postmortem on the dead body was conducted by Dr. Sudam Mogale (PW-3). The clothes of PW-1 were a
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