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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.K. TAHILRAMANI, A.M. BADAR, JJ.
Pravin Dhondiram Chorge - Appellants
Versus
The State of Maharashtra - Respondent
CRIMINAL APPEAL NO.109 OF 2011 WITH CRIMINAL APPEAL NO.110 OF 2011
Decided on : 10-01-2017
Evidence Act, 1872 - Section 3-Appreciation of evidence.-If evidence of sole eye-witness is found reliable and trustworthy, merely on the basis thereof conviction of accused can be recorded.
To put it briefly the finding of guilt can be recorded relying upon the evidence of sole eye-witness provided such evidence is trustworthy and reliable and gaining corroboration from other evidence of the prosecution. The evidence of chance witness can be accepted provided statement of such witness adequately explain presence of said witness and such evidence stands test of caution and close scrutiny. Similarly conduct of the chance witness is also a relevant factor while appreciating his evidence.
Evidence Act, 1872 - Section 3-Chance witness-Reliability of.-The evidence of chance witness can be accepted when he, successfully, be able to explain as to his presence at the place of occurrence.
Evidence Act, 1872 - Section 3-Related witness-Reliability of.-It was held that the relationship is not a factor to affect credibility of a witness but ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person.
At the same time it will have to be kept in mind that merely because the eye-witness is a family member of the deceased, his/her evidence cannot per se be discarded. Relationship is not a factor to affect credibility of a witness. Ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person. At the same time it needs to be kept in mind while appreciating evidence of such witness that when feelings run high and there is personal cause for enmity, there is a tendency to drag in an innocent person against whom a witness has a grudge, along with the guilty. [See Vinay Kumar v. State of Bihar, AIR 2008 SC 3276]. Similarly in the matter of Balraje alias Trimbak v. State of Maharashtra, (2010) 6 SCC 673, the Hon`ble Apex Court has held that when the eye-witnesses are stated to be interested and inimically disposed towards the accused, it would not be proper to conclude that they would shield the real culprit and rope in innocent persons. If after careful analysis and scrutiny of their evidence, the reason given by the witnesses appears to be clear, cogent and credible, there is no reason to discard the same.
Indian Penal Code, 1860 - Sections 302, 147 and 149-Evidence Act, 1872, Section 3- Murder-Appreciation of evidence.-Where evidence on the recording unmistakebly showing that appellants/accused Nos. 1 to 6 had formed an unlawful assembly with common object of murdering of deceased and in furtherance of common object, armed with deadly weapons committed alleged offence, conviction of appellants was upheld.
In the result, even on re-appreciation of evidence adduced by prosecution, Court is in full agreement with the findings of guilt of appellants/accused recorded by the trial Court. The evidence on record unerringly points out that appellants/accused Nos. 1 to 6 had formed an unlawful assembly with common object of murdering `P` and in furtherance of that common object, armed with deadly weapons, they implemented said common object by murderous assault on `P` at Bafna Petrol Pump as well as in the lane of Sidhi Vinayak Video Parlour near that petrol pump. As such, with ample trustworthy evidence against appellants/accused, the prosecution is successful in proving guilt of appellant/accused for offence punishable under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code. Court is unable to accept the case of the appellants. Court is satisfied that appellants are rightly convicted and sentenced by the trial Court. Appeals, are, therefore, devoid of any merits and consequently they are dismissed.
1. By these appeals, appellants/convicted original accused Nos.1 to 6 are challenging judgment and order dated 11.11.2010 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.234 of 2008, thereby convicting them of offence punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code. For offences punishable under section 147 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for one year and for offence punishable under section 148 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for two years. For offence punishable under section 302 read with section 149 of the Indian Penal code, appellants/original accused Nos. 1 to 6 are sentenced to suffer imprisonment for life and to pay fine of Rs.1000/each and in default to undergo further rigorous imprisonment for six months by each of them.
2. Briefly stated, the prosecution case and background facts are thus :
(a) Pradeep Ganpat Shinde (since deceased) was residing at Shinde Wada located at Shukrawar Peth, Pune. His sister P.W.2-Kalyani Bajrang Khillare is also resident of Shinde Wada. Acquitted accused No.8 Bhau alias Ravindra Chavan and acquitted accused No.9 Balkrishna Chavan are maternal uncles of appellant/accused No.1-Sameer More. They are also resident of Shinde Wada. Rest of appellants/accused Nos. 2 to 6 are stated to be friends of appellant/accused No.1-Sameer More. It is case of prosecution that appellant/accused No.1-Sameer More and his friends appellant/accused Nos. 2 to 6 used to visit the house of acquitted accused No.8-Bhau @ Ravindra and acquitted accused No.9 Balkrishna Chavan at Shinde Wada, Shukrawar Peth, Pune. Shinde Wada is stated to be containing 81 tenements occupied by different families including those of deceased Pradeep Shinde, P.W.2-Kalyani Khillare, acquitted accused No.8-Bhau alias Ravindra Chavan and acquitted accused no.9-Balkrishna Chavan.
(b) In the last week of May, 2007 as well as on 06.09.2007 there was a quarrel between appellant/accused No.1-Sameer More and his associates on one side and deceased Pradeep Shinde on other side. This has resulted in lodging reports with Khadak Police Station. This enmity of appellant/accused No.1-Sameer More and his associates with deceased Pradeep More is stated to be motive behind the crime in question.
(c) The incident of murderous assault on Pradeep Shinde took place at about 8.30 p.m. of 08.10.2007 at populous locality of Pune. According to the prosecution case, Pradeep Shinde (since deceased) was standing near Bafna Petrol Pump at Shukrawar Peth, Pune. At that time P.W.17-Vinod Kad was also stated to be present at that place. All of a sudden, armed with deadly weapons, appellant/accused No.1-Sameer More, appellant/accused No.2-Ganesh Mane, appellant/accused No.3-Nilesh, appellant/accused No.4-Pravin Chorge, appellant/accused No.5-Shailesh Dhage, appellant/accused No.6-Ajit Ghanekar along with juvenile in conflict with law Santosh Khandke rushed on person of Pradeep Shinde. Appellant/accused persons were successful in giving one blow of a sharp edged weapon on head of Pradeep shinde at that place. For rescuing himself Pradeep Shinde started running towards a lane adjacent to Pritam Hotel. He was chased by appellants/accused, who were successful in accosting him in the lane, opposite to Bafna Petrol Pump. All appellants/accused assaulted Pradeep Shinde by means of sword, knives, chopper etc. Resultantly, Pradeep Shinde collapsed with several bleeding injuries on his person and died on the spot.
(d) According to the prosecution case P.W.2-Kalpana Khillaresister of deceased Pradeep Shinde was returning from the market after purchasing vegetables. At that time the incident is stated to have happened in presence of P.W.2-Kalpana Khillare. P.W.6-Hemant Lele was returning to his office, which was near the Bafna Petrol Pump. Upon seeing Pradeep Shinde lying in injured condition in a po
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