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1999 (1) Crimes 333
BOMBAY HIGH COURT (DB)
Vishnu Sahai T.K. Chandra Sekhara Das. JJ;
State of Maharashtra - Appellant
versus
Vilas Pandurang Patil - Respondent
Criminal Appeal No. 358 of 1985
with
Criminal Application No. 847 of 1985
Decided on 29-7-1998
Counsel for the parties:
For the Appellant: Mr. S.R Borulkar, Addl. P.P.
For the Respondent: Mr. V.R Bhonsale with Ms. Revati Mohite-Dere.
Held: We make no bones in observing that the impugned order of acquittal is vitiated by a perverse appreciation of evidence as also an approach contrary to law of the evaluation of the circumstantial evidence.
The illegality committed by the learned trial Judge is that he has examined the circumstances adduced by the prosecution from the perspective whether independently they lead to the inference of the guilt of the respondent and are sufficient to sustain his conviction. We wish to emphasise that this is not what the law of circumstantial evidence requires it requires:
(a) the circumstances should be firmly established;
(b) cumulatively they should unerringly point out to the guilt of the accused:
(c) they should wholly be inconsistent with the inference of the innocence of the accused;
(d) they should be incapable of being explained on any other reasonable hypothesis excepting the guilt of the accused. (Para 9)
(ii) Indian Penal Code, 1860 Sections 302 and 404 - Murder Misappropriation - Circumstantial evidence - Circumstances in totality cannot in isolation - If in totality lead to an inference of guilt - It is of no consequence, if independently they do not establish the guilt - Five circumstances - Total effect – Bring home the guilt and squarely proved. by prosecution - Unerringly lead to inference of respondent having committed the murder.
Held: In cases of circumstantial evidence, it has to be seen whether the circumstances in totality and not in isolation, lead to the inference of the guilt of the accused. If in totality they lead to such an inference then, it is of no consequence that independently they do not establish his guilt. In our experience, in cases of circumstantial evidence, it is extremely rare that on a solitary circumstance, the court finds that the burden of proof required to be discharged by the prosecution in a case resting on circumstantial evidence, has been discharged. (Para 9-A)
Result: Appeal allowed acquittal set aside. Respondent convicted u/ss. 302 and 404 I.P.C., sentenced to Life Imprisonment and 2 years, R.I. respectively, sentences to run concurrently.
Vishnu Sahai, J. - Through this appeal, the State of Maharashtra (appellant) impugns the Judgment and order dated 15-12-1984, passed by the Additional Sessions Judge. Sangli in Sessions Case No. 26 of 1984 acquitting the respondent for offences punishable under Sections 302 I.P.C. and 404 I.P.C. Since this appeal was beyond time by 76 days. Criminal Application No., 847 of 1985 was moved by the State of Maharashtra for condonation of delay. On the said application a Division Bench of this court issued Rule. After hearing learned counsel for the parties we are satisfied that sufficient cause for explaining the delay in preferring the appeal has been shown and consequently we make the Rule absolute.
2. In short. the prosecution case runs as under:
The deceased Suman was the first wife of the respondent. Since the relations between her and the respondent were strained and she did not have good relations with her in-laws. She started living separately from the respondent along with her 3 daughters Suvarna. P.W. 3 Vanita. P.W. 4 and Vaishali and son. Vijay in her house in village. Khujgaon in District Sangli. In the said village in another house the respondent along with his second wife Sushila his parents and three brothers lived.
On 17-9-1983 the respondent came to Suman's house. At about II a.m. a quarrel between him and Suman took place. The same was seen by Vantta P.W. 4. thereafter at about 3 p.m. the same day. Suman went along with the respondent who has having a sickle and a rope to bring fodder. In the evening the respondent returned alone to the house and told Vanita that she had gone to Nagaon Kavathe. The same evening at about 8 p.m. the respondent went to the house of one Yeshwant Pandurang Jadhav. P.W. 6 and confessed to him that he had murdered his wife. About 5-/2 hours later I.e. sometime between] to 1.30 a.m. he went to the house of the police patil Bhagwan Vithoba Patil. P.W. 5 and also confessed before him that he murdered his wife and thrown her corpse in the well. Both Yeshwant and Jadhav and Bhagwan Patil are said to have asked the respondent to report the matter to the police. In the morning Bhagwan Patil along with village Kotwal and some others went to the well situated in the field of Bhimrao Kadam and found the corpse of Suman floating in the water inside it. He asked the village Kotwal to guard it and himself proceeded to police station. Tasgaon with the respondent.
3. It is said that on 18-9-1983 at about 10.30 a.m. the respondent went to Tasgaon police station and gave information that his wife Suman accidently died and her corpse was floating in the well situated in the land of one Bhimrao Kadam. On the said report (Exhibit 29) a case of accidental death was registered.
4. Pursuant to the report of accidental death. lodged by the respondent the police of police station Tasgaon along with public panchas same day went to the well of Bhimrao Kadam and recovered therefrom the corpse of Suman in the presence of the respondent the said coures was sent for autopsy which was conducted by Dr. Bha1chandra Honap. P.W. 7 the next day. Dr. Honap found on it contused lacerated wounds all situated on the head region. He also found dislocation of left and right knees. On internal examination he found fractures of the parietal and frontal bones. The opined that these injuries were ante-mortem and were sufficient in the ordinary course of nature to cause death.
5. During the course of investigation on 20-9-1983 the respondent expressed willingness before PSI Vilas Jadhav. P.W. 10 to point out the place of the occurrence. Accordingly two panchas one of them being Manohar Kamble, P.W. 1 were called. This willing ness of the respondent was recorded in the panchanama Exhibit 15. Thereafter. the respondent along with PSI Vilas Jadhav. police personnel and public panchas went to the field of Bhimrao Kadam in village Khujgaon pointed out the place where blood was sprinkled and leaves stone and earth which were found h
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