The conviction based solely on the testimony of an interested witness is unsustainable without corroboration, especially when the witness's reliability is questioned.

JUDGMENT

B.R. GAVAI, J.

1. These appeals challenge the judgment and order passed by the learned Division Bench of the High Court of Judicature at Bombay, Nagpur Bench dated 17th July 2012, thereby dismissing the criminal appeals being Criminal Appeal Nos.569 of 2007 and 8 of 2008 preferred by the present appellants. The criminal appeals filed before the High Court assailed the judgment and order dated 24th October 2007 passed by the Court of Additional Sessions Judge, Bhandara (hereinafter referred to as “trial court”) by which the trial court convicted the appellants namely, Rajkumar Baburao Lade (Accused No.1) and Mehatar (Accused No.9) for the offences punishable under Sections 147, 148, 452 and Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘IPC’) and sentenced them to suffer rigorous imprisonment for life.

2. The story of the prosecution in a nutshell is that the complainant/PW.1-Sindhubai had previous enmity with the accused Rajkumar. It is her case that the she-goats of Rajkumar and other accused persons used to enter her garden and damage her mango trees and leaves of beans. It is her case that on this account, there used to be constant quarrels between them. It is further her case that her brother-in-law Shyamrao, who was residing in village Sitasawangi, had given a piece of land to accused Baburao (accused No.2), wherein he had constructed a hut. It is her case that Shyamrao used to rear pigs in the said plot and on account of this Baburao had dispute with deceased Shyamrao.

2.1 It is the prosecution case that, on a day prior to the date of the incident i.e. 19th December 2005, Shyamrao, brother-in-law of Sindhubai (PW-1) had come to her village and stayed with them. It is the further case that on 20th December 2005 at around 10:00 o’clock in the morning, her husband Diwaru and her brother-in-law Shyamrao were sitting in the house, at which time appellant Rajkumar arrived there and started hurling abuses at her husband- Diwaru and her brother-in-law Shyamrao. It is her version that when the said quarrel was going on, one Tekaram Rahagadale was passing in front of her house for going to answer nature’s call. When Tekaram tried to intervene, appellant Rajkumar threatened him with dire consequences. Thereafter, Tekaram ran away from the spot. It is her case that, apprehending that there would be danger to her life as well as the life of her husband, she went to the Police Station Tumsar and lodged a complaint with regard to her apprehension. It is her case that when she came back from Tumsar after making some purchases, her brother-in-law and husband were sitting in the varandah of the house. Thereafter, she lit a lamp and also ignited a camp fire in the courtyard since it was winter. She states that in the meantime five persons, who were nephews of Baburao (accused No.2), came to her house from village Sitasawangi. On seeing them, Shyamrao rushed inside the house to save himself. However, they forcibly entered into the house by kicking the door. They dragged her brother-in-law Shyamrao out of the house and started assaulting him with sticks.

2.2 According to her, thereafter appellant Rajkumar holding axe and Kartik (accused No.3) and Baburao (accused No.2) holding sticks came to the spot. All the nephews of Baburao (accused No.2) started assaulting her brother-in-law Shyamrao. When her husband intervened by saying “why are you assaulting Shyamrao”, they started assaulting her husband as well. In the meantime, Babibai (accused No.6) also came on the spot and joined the other accused. Similarly, Dashrath Nagre