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SUPREME COURT OF INDIA
P. SATHASIVAM & RANJAN GOGOI, JJ.
LAXMAN - Appellant
VERSUS
STATE OF MAHARASHTRA - Respondent
Criminal Appeal No. 246 of 2008 with Criminal Appeal No. 247 of 2008
Decided on : 27-09-2012.
(2007) 9 SCC 1 – Relied upon
(b) Code of Criminal Procedure, 1973 – Section 154 – Delay in lodging FIR – Incident occurring at 7:30am – Witnesses attending to deceased trying to save his life who died at 7:30pm – Such delay cannot affect prosecution case. (Para 11)
(c) Indian Evidence Act, 1872 – Section 32 – Dying declaration – Deceased remaining unconscious the whole day – Prosecution cannot be blamed for not recording dying declaration. (Para 12)
(d) Criminal Trial – Injuries of accused persons – Prosecution liable to explain – However unexplained minor injuries do affect prosecution case. (Para 13)
Facts of the case:
11 persons were charged in connection with murder of the deceased. 6 persons out of 11 accused, namely, Shetiba (appellant in Criminal Appeal No. 247 of 2008), Laxman (appellant in Criminal Appeal No. 246 of 2008), Babu, Devidas, Devrao and Rohidas were convicted under Section 302 read with Section 149 of IPC and the rest were acquitted.
High Court confirmed the conviction of Shetiba and Laxman and acquitted the others.
Finding of the Court:
Prosecution has proved its case beyond reasonable doubt in respect of A-1 and A-2 (appellants herein) and A-7.
Result: Appeal dismissed.
JUDGMENT
P. Sathasivam, J.-These appeals are directed against the final judgment and order dated 11.04.2005 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.605 of 2003 whereby the Division Bench of the High Court while disposing of the appeal confirmed the order of conviction and sentence dated 19.07.2003 passed by the Additional Sessions Judge, Biloli against the appellants herein and acquitted the other accused persons.
2. Facts and circumstances giving rise to these appeals are as under:
(a) Laxman (original Accused No. 2), appellant in Criminal Appeal No. 246 of 2008 is the son of Shetiba (original Accused No. 1), appellant in Criminal Appeal No. 247 of 2008. Both the accused persons and the rival group including that of one Nagoba (the deceased) are residents of the same village, viz., Pingri, Dharmabad Taluq, Biloli Dist, Nanded, Maharashtra.
(b) According to the prosecution case, the grand-daughter of Nagoba (the deceased) was engaged with one Ananda, son of Anjanabai (PW-5). On 19.01.1992, at about 7.30 a.m., Nagoba went to the house of PW-5 to discuss about the settlement of marriage of his grand-daughter. After discussion, when Nagoba came out of the house of PW-5, all the accused persons were present in the house of Shetiba (A-1). They approached Nagoba and scolded him on the pretext of the marriage of his grand daughter with the son of Anjanabai (PW-5). The accused persons also expressed that the said marriage was contracted with an aim of gaining support. All the accused persons assaulted Nagoba by means of weapons like axe, stones, sticks etc. On seeing this, Anjanabai (PW-5), Nivratti (PW-3) and Datta (PW-4) and 3 others came to rescue the deceased but they were also assaulted by the accused persons and sustained injuries. After the intervention of police, the incident came to an end and Nagoba got grievous injuries and he was taken to the hospital at Karkhali wherefrom on the advice of the Doctor, he was shifted to the Civil Hospital at Nanded where he succumbed to his injuries, the same evening.
(c) On the same day, i.e. on 19.01.1992, Devrao (original Accused No. 7) lodged a First Information Report (FIR) at the Police Station, Dharmabad alleging that he was assaulted by Nagoba (the deceased) and some other persons and as a result of which he and other persons sustained injuries. On the said report, Crime No. 6/92 was registered against Nivratti (PW- 3), Datta (PW-4) and Anjanabai (PW-5) and 3 others under Sections 147, 148, 149, 324, 337 and 504 of IPC.
(d) On the next day, i.e., on 20.01.1992, at about 9.00 a.m., Nivratti (PW-3)-the complainant lodged an FIR with the Police Station, Vazirabad, Nanded, which was registered as Crime No. D/92 for the offence punishable under Sections 309, 147, 148, 149 of the Indian Penal Code, 1860 (in short the “IPC”) and later on it was referred to Dharmabad Police Station which registered the case as Crime No. 7/92 for the offences punishable under Sections 302, 147, 143, 149, 337 and 504 of IPC.
(e) Both the cases were committed to the Court of Additional Sessions Judge at Biloli for trial and numbered as Sessions Case No. 49 of 1993. The Additional Sessions Judge, vide judgment and order dated 19.07.2003 convicted 6 persons out of 11 accused, namely, Shetiba (appellant in Criminal Appeal No. 247 of 2008), Laxman (appellant in Criminal Appeal No. 246 of 2008), Babu, Devidas, Devrao and Rohidas under Section 302 read with Section 149 of IPC and sentenced them to suffer imprisonment for life alongwith a fine of Rs. 500/- each, in default, to further undergo simple imprisonment for 7 days each. They were also convicted for the offence punishable under Sections 147 and 148 read with Section 149 of IPC, but no separate sentence was awarded. They were acquitted of the offence punishable under Sections 337 and 504 read with Section 149 of IPC. Rest of the accused persons were acquitted of all the charges.
(f) Being aggrieved by the
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