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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
B.R. GAVAI & V.M. DESHPANDE, JJ.
Mohd. Iqbal @ Munna – Appellant
Versus
State of Maharashtra, through Police Station Officer, Nagpur – Respondent
CRIMINAL APPEAL NO. 291 OF 2014
Decided On : 30-06-2016
Indian Penal Code - Conviction under Section 302 read with Section 34 - Summary of Acts and Sections: Indian Penal Code, Section 302, Section 34 - The court analyzed the evidence and found that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt, leading to their acquittal.
Fact of the Case:
The appellants were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code for assaulting and causing the death of the deceased. The prosecution's case was based on eyewitness testimonies and recovery of weapons and clothes from the appellants.
Finding of the Court:
The court found that the eyewitness testimonies were contradictory and unreliable, and the recovery of weapons and clothes was not properly handled by the investigating officer. As a result, the prosecution failed to prove the guilt of the appellants beyond reasonable doubt.
Issues: Reliability of eyewitness testimonies, handling of recovered evidence, proof of guilt beyond reasonable doubt
Ratio Decidendi: The court's decision was based on the lack of reliable evidence to prove the guilt of the appellants beyond reasonable doubt.
Final Decision: The judgment and order of conviction and sentence were set aside, and the appellants were acquitted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
V.M. DESHPANDE, J.
1. These two appellants are before this Court since they are aggrieved by the judgment and order of conviction, dated 3rd of April, 2014, passed by the Additional Sessions Judge – 4, Nagpur in Session Trial No.548 of 2009. By the said judgment, the appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and they were directed to suffer imprisonment for life and also to pay a fine of Rs.1000/- by each of them and in default of payment of fine to suffer simple imprisonment for three months.
2. The prosecution case which was unfurled during the course of the trial is stated herein under:-
The Criminal Law was set into motion on 9th of August, 2009 by Smt.Sk.Jamila wd/o Sk.Abid, first informant, by lodging her report at Exh.62. When first informant had been to Police Station Lakadganj that time Pandurang Rangari, A.S.I., (PW 8) was on duty as a Night Officer. He registered the Crime vide Crime No.238 of 2009 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code against one Munna and Bablu, on the basis of the oral report. The Printed FIR is at Exh.63.
As per the First Information Report, the name of the husband of the first informant is Sk.Abid. He was an auto-rickshaw driver by profession. On 8th of September, 2009, in the morning, as usual her husband went away and came at 1 O'clock for his lunch. Thereafter, at 2 O'clock he again proceeded for his work and he returned in the night at about 10.30 to his house.
3. When he was parking auto-rickshaw in front of his house that time appellants Munna Sattar and Bablu Sattar came to her husband and demanded Rs.10/for drinking liquor. Her husband did not oblige to them and therefore they picked up quarrel with him and thereafter they went towards their own house.
It is further stated in the report that after ten minutes both Munna and Bablu came armed with deadly weapons and in front of the house of first informant, her husband was assaulted resulting into receiving severe injuries.
After the registration of the Crime, Pandurang Rangari (PW 8), ASI, handed over investigation to API Shri Nagarale (PW 15).
4. After being entrusted with the investigation, API Shri Kishor Nagarale visited the spot of the incident along with the first informant. The spot was in front of the house of the first informant. He prepared spot panchanama (Exh.86). He also conducted inquest on the dead body. Inquest is at Exh.58. He then sent dead body to the hospital for Post Mortem. He also recorded statement of two witnesses.
5. The further investigation was carried out by Kishor Kamble (PW 14). On 9th of August, 2009, the accused persons were arrested by Head Constable Vijay Salwe. The arrest Memos (Exhs.93 and 94) are proved by Kishor Kamble (PW 14). Shri Kamble also recorded the statements of the witnesses. He seized clothes of the deceased under Seizure Memo (Exh.97).
When appellant No.1 Mohd.Iqbal @ Munna was in custody, he made a disclosure statement in presence of two panchas that he had hidden knife, gupti and clothes at his house and he is ready to point out the place. The disclosure statement is at Exh.98. Similarly, appellant no.2 Mohd. Rafiq @ Bablu also gave a memorandum statement in presence of panchas (Exh.99) and agreed to show the place where he had hidden the sword and clothes which were on his person at the time of commission of the offence.
6. According to the prosecution, thereafter the police party went to the places shown by the appellants and from there the articles were seized under Seizure Memos Exh.100 and Exh.101, respectively. Kishor Kamble (PW 14) also sent weapons to the Medical Officer, Mayo Hospital, Nagpur for query with his requisition letter (Exh.83). He received the query report from the Medical Officer. It is at Exh.84. Then he sent the muddemal articles to Chemical Analyzer under requisition Exh.107. After completion of the other usual investigation he filed cha
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