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SUPREME COURT OF INDIA
RANJAN GOGOI, R. BANUMATHI, JJ.
MOTIRAM PADU JOSHI AND OTHERS – Appellants
Versus
THE STATE OF MAHARASHTRA – Respondent
CRIMINAL APPEAL NO. 1479 OF 2015
Decided On : 10-07-2018
(1983) 3 SCC 327 – Relied upon
(b) Criminal trial – Related witness – Relationship with deceased cannot be the reason for doubting the testimony of a witness. (Para 12)
(2009) 13 SCC 630; (2005) 10 SCC 404; (2007) 1 SCC 699; (2008) 14 SCC 692 – Relied upon
(c) Code of Criminal Procedure, 1973 – Section 154 – FIR – Non-mention of name of eye witness – Should be examined in the situation in which the person lodging FIR was placed – Omission of names in FIR not fatal to prosecution story. (Para 13, 14)
(d) Criminal trial – Evidence of eye witnesses truthful – Corroborated by medical evidence – Conviction warranted. (Para 17, 18)
(e) Code of Criminal Procedure, 1973 – Section 378 – Appeal against acquittal – Appellate court can interfere when acquittal is perverse – It is duty bound to reappreciate the evidence. (Para 25)
(2007) 4 SCC 415; (2006) 10 SCC 313 – Relied upon
Facts of the case:
The appellants/accused Nos. 3, 5, 7 and 8 were acquitted by the trial court.
High Court reversed the judgment of the trial court and convicted them under Sections 147, 148, 302 read with 149 IPC and sentenced them to undergo life imprisonment.
Finding of the Court:
There is no infirmity in the impugned judgment.
Result: Appeal dismissed.
JUDGMENT
R. BANUMATHI, J.
This appeal arises out of the judgment dated 30.07.2015 passed by the High Court of Judicature at Bombay in Criminal Appeal No.174 of 1994 in and by which the High Court reversed the judgment of the acquittal of the appellants/accused Nos. 3, 5, 7 and 8 and convicted them under Sections 147, 148, 302 read with 149 IPC and sentenced them to undergo life imprisonment.
2. Briefly stated case of the prosecution is that PW-2-Anant Budhaji Joshi is the brother of deceased Machindra Budhaji Joshi. Both Anant and Machindra were doing the work of electric fitting. PW-3-Kesarinath Bhagat and PW-4-Vasudeo Gaikar were also doing the same work. Appellant Motiram Padu Joshi (A3), Ratan Maruti Vaskar (A5), Devidas Maruti Vaskar (A7), Ramnath @ Ram Padu Joshi (A8), deceased-Machindra and prosecution witnesses are residents of village Owa-peth, Taluka Panvel, District Raigad. Appellants/accused were belonging to congress party and the deceased and the prosecution witnesses were from Shiv-sena party. In the election of Zilla Parishad in 1992, both parties became inimical to each other.
3. On 26.04.1992, deceased Machindra had gone to village Nandgaon for electric fitting work along with PWs 3 and 4 and they returned at about 08.30 pm to the house of deceased. All three of them had their dinner and were sitting on the cot in the courtyard. PW2 was thereafter taking his dinner inside the house. At about 09.30 pm, appellants along with other accused being armed with deadly weapons like swords, knife, sticks and motor-cycle chain came to the courtyard of the house of deceased Machindra. Appellant Motiram (A3) was carrying sword in his hand and assaulted the deceased on his head. Appellant Ratan (A5) attacked the deceased with the sword on the legs of the deceased. Appellant Ramnath (A8) also attacked the deceased with the sword on his head. Appellant Devidas (A7) attacked the deceased with knife on his foot and legs. Other accused against whom the appeal is abated assaulted the deceased with motor-cycle chain and sticks. On seeing the accused armed with deadly weapons, PWs 3 and 4 got frightened and went inside the house and stood near the window of the house and witnessed the occurrence. Due to the assault, the deceased fell down from the cot having sustained grievous injuries and PW-2 took the deceased in the truck of his brother PW-5-Eknath Joshi to Taloja police station. Considering the serious conditions of the deceased, he was sent to the Municipal Dispensary at Panvel along with police constable Mhatre. PW-15-Atmaram, Head Constable recorded the statement of PW-2, based on which, FIR in Crime No.44/92 was registered under Sections 147, 148, 149 and 307 IPC. On the same night at about 11.30 pm, deceased Machindra succumbed to injuries and the FIR was altered from Section 307 IPC to Section 302 IPC.
4. Sub-Inspector Mr. Laxman Shejal (PW-16) had taken up the investigation and he visited the spot and prepared the rough sketch (Ex.A42). From the spot, he collected blood-stained quilt (Article No.3) and also blood-stained soil and sample mud. The body was sent to autopsy and PW-14-Dr. Ramrao Kendre conducted the post-mortem and noticed as many as twenty-six injuries in the nature of incised wounds, contusions on the head, legs, right arm and all over the body of the deceased. Dr. Ramrao Kendre opined that the cause of death was “shock secondary to celebral contusion due to blood trauma over occipital area”.
5. The accused were arrested on 27.04.1991. Based on the disclosure statement of appellant Motiram, one sword (Article No.8) was recovered on 09.05.1992. Swords (Article No.9) also came to be recovered at the instance of appellants Ratan and Ramnath on 11.05.1992 and 10.05.1992. The motor-cycle chain and sticks also came to be recovered from the other accused. The Chemical Analysis Report disclosed that ‘A’ group blood was found on Article No.8 (sword recovered at the instance of appellant Motiram) and Article No.12 (
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