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IN THE HIGH COURT OF BOMBAY
V.K. TAHILRAMANI & SHALINI PHANSALKAR JOSHI, JJ.
Amit @ Bandya Ashok Bhosale – Appellant
Versus
State of Maharashtra & Others – Respondents
Criminal Appeal Nos. 1102, 1129, 1134 of 2007
Decided On : 23.12.2015
Indian Penal Code - Double Murder - Section 302, Section 34 - Summary of Acts and Sections: The court discussed the evidence and conviction under Section 302 read with Section 34 of the Indian Penal Code. The judgment highlighted the quality of evidence, the impact of the incident on the witness, and the corroborating medical evidence and recovery of weapons. The court found the evidence of the sole eyewitness to be reliable and trustworthy, leading to the confirmation of the conviction and sentence of the appellants.
Fact of the Case:
The case involved a double murder where the appellants were convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code. The deceased Sanjay and Somnath were assaulted by the appellants with knives and a sickle, resulting in their deaths. The sole eyewitness, PW-1 Dhananjay, provided a detailed account of the incident and promptly lodged a complaint after the incident.
Finding of the Court:
The court found the evidence of PW-1 Dhananjay to be reliable, consistent, and trustworthy. The court noted the impact of the incident on the witness and the corroborating medical evidence and recovery of weapons. The trial Court's judgment was upheld, confirming the conviction and sentence of the appellants.
Issues: The main issue was the reliability of the evidence of the sole eyewitness, PW-1 Dhananjay, and the sufficiency of corroborating evidence to prove the guilt of the accused beyond reasonable doubt.
Ratio Decidendi: The court emphasized the quality of evidence over the quantity of witnesses, highlighting the impact of the incident on the witness and the corroborating medical evidence. The court also discussed the legal principle that the F.I.R. must enable the police to set the investigation machinery in process.
Final Decision: The appeals were dismissed, confirming the conviction and sentence of the appellants. Accused Nos. 2 to 4, who were in jail, were not given any further order. Accused Nos. 5 and 6, who were on bail, were directed to surrender before the trial Court within 12 weeks to undergo the remaining part of their sentence, failing which the trial Court would take steps to arrest them.
SHALINI PHANSALKAR JOSHI, J.
1. As these three appeals are arising out of one and the same judgment and order dated 28th August, 2007 of Sessions Judge, Sangli, in Sessions Case No. 38 of 2007, they are being decided by this common judgment.
2. By the impugned judgment, appellants, who are original accused Nos. 1 to 6 are convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay compensation of Rs. 50,000/- each in default to suffer rigorous imprisonment for two years. Out of said compensation amount of Rs. 50,000/- the amount of Rs. 25,000/- is directed to be paid to the parents of deceased Sanjay and remaining amount of Rs. 25,000/- is directed to be paid to the wife of the deceased Somnath.
3. By these appeals, the appellants are challenging their conviction and sentence. For the sake of convenience, the appellants in these appeals are referred to by their original nomenclature as accused Nos. 1 to 6.
4. Brief facts of the appeals can be stated as follows:-
Deceased Sanjay was the younger brother of PW-1 Dhananjay. The another deceased Somnath was Sanjay's friend. Sanjay was a rickshaw driver. Accused persons were residing in the same vicinity. In September, 2006, a dispute arose between deceased Sanjay and accused No. 1 Vijay on account of motorcycle. Since then, the relations between Sanjay and accused No. 1 were not cordial.
5. On the day of incident on 7.11.2006 at about 11.00 a.m. when PW-1 Dhananjay was about to leave his house, in order to go to his shop of gold smith, PW-4 Firoz Mujawar, came running to his house and informed him that at Tiwari galli, 4 to 5 persons including accused No. 1 Vijay, were assaulting deceased Sanjay and Somnath. Hence PW-1 Dhananjay went running upto Tiwari galli and witnessed that accused Nos. 1 to 6 were assaulting his brother Sanjay and Sanjay's friend Somanth with knives and sickle. Accused No. 1 Vijay gave blow of sickle on the head of Sanjay with such a force that Sanjay fell down on the ground with bleeding injury to his head. Other accused were piercing Sanjay with knives in their hands, they were also assaulting Somnath with the weapons in their hands. When PW-1 Dhananjay tried to intervene, the persons gathered there did not allow him to do so, they held him up. As a result, assault was going on for 5 to 7 minutes. After both Sanjay and Somnath fell down on the ground in totally injured condition, appellants left the spot, leaving behind some of the weapons in their hands. PW-1 Dhananjay then went near his brother and noticed that his brother Sanjay had received injuries on head, neck, chest and hand. He gave a call to Sanjay, however, Sanjay was not responding. Immediately he took Sanjay in a rickshaw to Civil Hospital. There Doctor examined and declared him dead. Simultaneously Somnath was brought to Civil Hospital and he was also declared to be dead on admission. PW-1 Dhananjay then went to City Police Station and lodged a detailed report of entire incident vide his complaint Exh.36. On his complaint C.R. No. 218 of 2006 was registered initially against accused Nos. 1 to 4 only.
6. On registration of the offence, investigation of the same was taken over by PW-22 Police Inspector Shankar Jadhav. He alongwith, PW-1 Dhananjay went to Civil Hospital. There, inquest panchanams on the dead bodies of Sanjay and Somnath were drawn vide Exh.30 and 31. The dead bodies were threafter handed over to PW-12 Dr. Arjun Patil for postmortem.
7. PW-22 PI Kadam, then went to the spot of incident alongwith PW-1 Dhananjay. There, in the presence of panchas, he collected some weapons which were found lying on the spot. He also collected the blood stained soil from the spot with the help of cotton swab, under scene of offence panchnama Exh.46. The clothes of both the deceased were seized under panchnama Exh.32 and 33. A thorough search of accused and also of the eye witnesses to the incident was taken
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