The importance of credible and reliable evidence in criminal cases.

JUDGMENT - VISHNU SAHAI, J.:---The appellants aggrieved by the judgment and order dated 31-1-1986 passed by the Additional Sessions Judge, Thane, in Sessions Case No. 285/1985 whereby they have been convicted sentenced to suffer imprisonment for life for the offence punishable under section 302 read with 34 I.P.C., have come up in appeal before us.

2. Shortly stated the prosecution case runs as under:---

The deceased Ramesh, his son Dashrath P.W. 1, the informant Bhaidas P.W. 2, Datta Kane P.W. 3 and the appellants are residents of village Ghorsai which is situated within the limits of taluka Bhiwandi, District Thane. The appellants are said to be relations of the deceased. There was enmity between the appellant Bhagwan and the deceased because the former had committed theft of the wood of the latter, some times in 1984. It is said that irked by this enmity the appellant Bhagwan alongwith appellants Balaram and Shantaram murdered the deceased Ramesh on 23-5-1985 at about 6 p.m. to 6.15 p.m.

It is alleged that on 23-5-1985 Dashrath P.W. 1 and his father Ramesh went to the premises of Vishwa Bharathi Co. for loading hay in their cart. The said hay belonged to one Ramesh Pandurang Dongre. After loading it once and unloading the same at their house they went to load hay for the second time when at about 6 p.m. to 6.15 p.m. when they had reached near the field of one Dadu Motiram Keni near Vathedar river, Dashrath who was driving the cart heard the cries of his father Ramesh, who was behind him in terms, "Dashrath, I am dying". Consequently he stopped the cart and on looking back found that appellants, Bhagwan and Balaram were assaulting his father with iron rods and appellant Shantaram was assaulting him with stick. On seeing his father being assaulted he ran away in the cart and went home where he met his cousin brother Bhaidas P.W. 2 to whom he informed that Bhagwan, Balaram and Shantaram were assaulting his father with iron rods and stick.

After assaulting Ramesh, the appellants ran away.

One Datta Kane P.W. 3, between 6 p.m. and 6.30 p.m., saw the appellant Bhagwan with a short stick and appellant Shantaram with a stick running towards their house.

After receiving the said information from Dashrath P.W. 1, Bhaidas P.W. 2 along with Dashrath and some others rushed to the spot and found Ramesh lying with injuries on his head, right eye and other parts of his body. Thereafter Bhaidas P.W. 2 and others removed Ramesh to Bhiwandi hospital and Dashrath P.W. 1 went back to his house.

3. The evidence of Bhaidas P.W. 2 shows that after removing Ramesh to Bhiwandi hospital he proceeded to Bhiwandi taluka Police Station where he lodged his F.I.R., Exhibit 9. On the basis of the said F.I.R., P.H.C. Pandurang Kochrekar P.W. 4 registered an offence under section 307 I.P.C. at Bhiwandi Police Station at 9 p.m., against the appellants. Next day when Ramesh succumbed to his injuries in Civil Hospital, Thane, the offence was converted to one under section 302 I.P.C.

4. The case was investigated in the usual manner by P.S.I. Sarolkar P.W. 10, who prepared the panchanama of the scene of offence and sent the corpse for autopsy. On 24-5-1985 in the presence of public panch Suresh Bhoir he recovered blood stained shirt at the instance of appellants Bhagwan and Shantaram, from their house. We are not entering into greater details with regard to the recovery because although the shirts were sent to the chemical analyser he did not find any blood stains on them. On 3-6-1985 P.S.I., Sarolkar proceeded on leave and handed over the investigation to P.S.I. Madhav Malve, P.W. 8.

During the course of investigation appellant, Shantaram disclosed to P.S.I. Malve that he could have the stick, which he had hidden recovered and appellants Bhagwan and Balaram disclosed to him that they could have the iron rods recovered. The said disclosures were recorded under panchanamas and thereafter, P.S.I. Malve, on the pointing out of the said appellants, under separat

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