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IN THE HIGH COURT OF BOMBAY AT AURANGABAD
S.S. SHINDE, P.R. BORA, JJ.
The State of Maharashtra & Others - Petitioners
Versus
Dnyaneshwar & Others - Respondents
Criminal Appeal Nos. 394 of 2012, 397 of 2012, 646 of 2011, 651 & 653 of 2011
Decided On : 06-05-2015
The Court acquitted the accused of murder and related offenses due to insufficient evidence. The prosecution relied heavily on the testimony of two eyewitnesses, but the Court found serious doubts about their presence at the scene of the crime and the accuracy of their accounts. The Court also noted several contradictions and omissions in the evidence of other witnesses. The Court further held that the accused could not be convicted under the Atrocities Act because the murder conviction was overturned.
Fact of the Case:
Rohidas Tupe, a member of a scheduled caste, was brutally beaten by a mob and died as a result of his injuries. The prosecution alleged that the accused, who were members of a different caste, had instigated the mob to attack Rohidas because of his caste. The accused were convicted of murder and related offenses, and the State appealed for a harsher sentence. The accused also appealed their convictions.
Finding of the Court:
The Court found that the evidence against the accused was insufficient to prove their guilt beyond a reasonable doubt. The Court noted that the testimony of the two eyewitnesses was unreliable and that there were numerous contradictions and omissions in the evidence of other witnesses. The Court also found that the accused could not be convicted under the Atrocities Act because the murder conviction was overturned.
Issues: 1. Whether the evidence was sufficient to prove the accused's guilt beyond a reasonable doubt. 2. Whether the accused could be convicted under the Atrocities Act.
Ratio Decidendi: 1. The Court held that the evidence against the accused was insufficient to prove their guilt beyond a reasonable doubt. The Court noted that the testimony of the two eyewitnesses was unreliable and that there were numerous contradictions and omissions in the evidence of other witnesses. 2. The Court held that the accused could not be convicted under the Atrocities Act because the murder conviction was overturned.
Final Decision: The Court acquitted the accused of murder and related offenses. The Court also dismissed the State's appeal for a harsher sentence.
P.R. Bora, J.
1. We are, in this case, concerned with the gruesome murder of 21 years old Dalit youth, by name Rohidas Pandit Tupe, for which, the trial court has imposed the sentence of life imprisonment to seven persons, who are appellants before this court. This is a bunch of five criminal appeals arising out of Session Trial No. 191/2009.
2. Criminal appeal No.394/2012 is filed by the State, challenging the acquittal of Accused No.1 to 6 and Accused No.66 for the offences punishable under Section 3(2)(v) of the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act(for short, Atrocities Act).
3. Criminal Appeal No.397/2012 is also filed by State whereby the State has challenged the quantum of punishment awarded to the convicts in the aforesaid Sessions Trial. According to the State, capital punishment ought to have been awarded to the accused instead of punishment of life imprisonment. Thus, this is an appeal for enhancement of the sentence.
4. Criminal Appeal No.646/2012 is filed by original accused Nos.4 & 5, who have been convicted for the offence punishable under Section 302 r/w 34 of Indian Penal Code and sentenced to suffer R.I. For life and to pay fine of Rs.5,000/- each, in default, to suffer S.I. For six months. The original accused No.4 is further convicted for the offence punishable under Section 341 r/w 34 of IPC and sentenced to suffer R.I. For one month and to pay fine of Rs.200/, in default to suffer S.I. For two months. Accused No. 4 has challenged the said conviction also.
5. Criminal Appeal Nos.651/2011 and 653/2011 have been respectively filed by the accused Nos.2,3,6, 1 & 66, challenging the said judgment and order of conviction.
6. Since all the five appeals are arising out of one judgment, they are being decided by this common judgment.
7. Before adverting to the contentions raised in the respective Criminal Appeals, it would be appropriate to state brief facts of the case.
8. The incident, which gave rise for initiation of criminal complaint, which was ultimately converted into a Sessions Case, happened on 23.2.2009 at village Pal and more particularly in Shivaji Chowk of said village. It occurred in the period between 12.30 p.m. and 4.30 p.m. Admittedly, it was the day of `Mahashivratri’. In the dreadful incident occurred on that day, a youth belonging to scheduled caste, viz. Rohidas Tupe, was literally lynched. There was an allegation against said Rohidas that he had committed a mischief with one girl in the village viz. Vaishali. It was the contention of the villagers that deceased Rohidas had attempted to make an attack on said Vaishali with a knife as she was not responding to his love signals. Vaishali could escape the attack, but Rohidas could not and ultimately become prey of the frenzy mob. The moment it was noticed that deceased Rohidas had attempted to make attack on Vaishali, he was caught by three-four youngsters and was beaten. In initial attempt, Rohidas succeeded in escaping from the clutches of said youths. However, Rohidas, after some time returned to the spot and was again apprehended by the infuriated villagers. They dragged him towards Shivaji Chowk of village Pal. The deceased was then tied to an electric pole with his own pant and Baniyan and then he was brutally beaten by the mob assembled at the spot. The assailants made attack on him by sticks, iron rods, fists and kicks.
9. As per the case of the prosecution, chilly powder was rubbed on the injuries caused to deceased Rohidas. Kerosene was also sprinkled on his person. He was also made to drink a dirty and filthy Nali water. Because of continuous and multiple assaults suffered by the deceased all over his body he ultimately died at the spot.
10. As per the prosecution case, the first instance of beating to deceased Rohidas happened in front of the house of Police Patil of village Pal viz. Chagan Ramlal Reshwal. At the relevant time, Police Patil was in his house. Wife of the Police Patil first noticed
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