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IN THE HIGH COURT OF BOMBAY
Vishnu Sahai Smt. Ranjana Desai, JJ.
Tulshiram Bhanudas Kambale others ..... Appellants.
Versus
The State of Maharashtra ..... Respondent.
Criminal Appeal Nos. 32, 71 83 of 1996, decided on 5-4-1999.
Advocates appeared :
V.M. Thorat with Pramod Patil in Cri.A. No. 32 of 1996, for appellant Nos. 1, 2, 3 and 6.
D.B. Bhosale in Cri.A. No. 32 of 1996, for appellant Nos. 4, 5, 7, 8 and 9.
Ram Rao Adik with B.R. Patil, in Cri.A. No. 71 and 83 of 1996, for the appellant.
S.R. Borulokar A.P.P., in Cri.A. No. 32, 71 83 of 1996, for respondent-State.
Section 3-Evidence of injured witness-Appreciation-Simply because witness is injured his evidence ipso facto not to be accepted as gospel truth, unless he is a truthful and reliable witness.-It is true that these witnesses are alleged to be injured witnesses but Court has grave doubts about their veracity and truthfulness. Court wish to emphasise that before the evidence of an injured witness can be accepted by a Court it should be satisfied that he is a truthful witness and the account furnished by him is in consonance with probabilities. There is no rule of appreciation of evidence which requires that because a witness is injured his evidence ipso facto should be accepted as gospel truth.
Court is fortified in its view by the ratio laid down by a Division Bench of the Allahabad High Court in the case of Vijai Shankar Mishra and others v. State, 1984 All LJ 1316, it has been held that if an injured witness is not a reliable witness and there is material infirmity or falsity in some part of his evidence it would not be safe to convict the accused solely on his evidence.
2. Through these criminal appeals, the appellants challenge the judgment and order dated 4th January, 1996, passed by the Additional Sessions Judge, Pandharpur in Sessions Case No. 44 of 1995, whereby they have been convicted and sentenced in the manner stated hereinafter:--
(i) All the appellants under section 452 r/w 149 I.P.C. to undergo 3 years R.I.:
(ii) Appellants Tulsiram Kambale, Ramchandra Kambale, Ganesh Shirsat, Ashok Waghmare, Dnyaneshwar Naikwadi, Anil Mane and Sunil Mane to undergo life imprisonment under section 302 r/w 149 I.P.C. and
(iii) Appellants Tulsiram Kambale, Anil Mane and Rajendra Kothalkar to undergo two years R.I. for the offence under section 324 r/w 149 I.P.C.
The sentences of the appellants were ordered to run concurrently.
3. In short the prosecution case runs as under :
The appellants belong to the Koli community and are inter-related. Between them on one hand and the informant Rajabhau Kamble (P.W. 7). Dattatraya Kamble (P.W. 8), Bhaskar Bhinge (P.W. 11), his brother Pandurang Bhinge, Mahesh Bhinge (P.W. 12), Laxman Kamble (the deceased) and Kailas Bhinge (the deceased), there was long standing enemity of a acute nature. Its details have been furnished in paragraph 9 of the statement of the informant Rajabhau Kamble.
On 19-2-1995 at about 5 p.m. the deceased persons, Bhaskar Bhinge and Dattatraya Kamble alongwith some others were watching a film on television inside the house of the deceased Laxman, in Pandharpur Taluka, within the limits of District Sholapur. The informant Rahabhau Kamble and Pandurang Bhinge also came there. After some time Pandurang Bhinge left. At about 7.30 p.m. the film got over. Thereafter the deceased persons, Dattatraya Kamble and Rajabhau Kamble came and sat in the courtyard of Laxman. Bhaskar Bhinge remained inside and was listening to the news. At that time in the jeep of acquitted accused Laxman Paparkar the appellants alongwith acquitted accused Laxman Paparkar, Walchand Shah, Manikchand @ Babusha Shah and Balu Kamble came. They were armed with weapons-Sattur, axe and sword. They entered inside the court-yard of Laxman. Appellants Tulsiram Kambale and Dagadu started inflicting blows with swords on Dattatraya's person. Appellants Rajendra and Anil Mane assaulted Dattatraya with Sattur. Kailas Bhinge, the deceased at that time was sitting by the side of water tank which was in the court-yard. Appellants Ramchandra with an axe, Santosh, Dhananjay alias Dahanaji, acquitted accused Laxman, Walchand and Babusha with swords started assaulting him. Appellant Tulsiram also is said to have joined them. Bhaskar Bhinge (P.W. 11) in the meantime came and caught hold of Babushah Shah; and asked him as to why he was assaulting Kailas, whereupon he inflicted a blow from the blunt side of sword on his right thigh. Thereafter Babu Shah and Tulsiram lifted Bhaskar Bhinge and took him to the gate of the house and made him stand there. Appellants Dagadu with sword, Raja alias Rajendra Kothalkar, Anil Mane, Sunil Mane, Ashok Waghmare and Ganesh Paparkar assaulted the deceased Laxman with Sattur on various parts of his body like head, face and hand. In the meantime Bhaskar Bhinge's son Mahesh Bhinge (P.W. 12) came and Walchand Shah inflicted a sword blow on his person. After assaulting Laxman, Kailas, Dattatraya, Bhaskar Bhinge and Mahesh Bhinge, the appellants and the acquitted accused are alleged to have run away.
This incident was seen by the victims, Rajabhau Kamble and Suresh Sobaji (P.W. 13) in electric light.
It is said that Kailas Bhinge succumbed to the injuries on the spot.
Immediately after the appellants and the acquitted accused persons had run away. Rajabhau Kamble took Laxman Kamble and Dattatraya Kamble to Municipal Dispensary, Pandharpur. Bhaskar Bhinge and Mahesh Bhinge also came
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