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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
B.R. GAVAI, V.M. DESHPANDE, JJ.
Paramjitsingh @ Kake s/o Harteksingh Soundh - Appellant
Versus
The State of Maharashtra, through Police Station Gittikhadan, Distt.Nagpur - Respondent
Criminal Appeal No. 431 of 2014
Decided on : 08-08-2016
CRIMINAL - HOMICIDE - CIRCUMSTANTIAL EVIDENCE - SUFFICIENCY - MOTIVE - DISCOVERY STATEMENTS - ADMISSIBILITY - HOUSE SEARCH - PROCEDURE - BLOOD STAINS - SCIENTIFIC EVIDENCE - IDENTIFICATION OF ORNAMENTS - LAPSES IN INVESTIGATION - EFFECT - MOTIVE - ADEQUACY - RENT ARREARS - GOLD ORNAMENTS - RELEVANCE.
Fact of the Case:
The deceased, Goldi, was found dead inside a cotton bag in a jungle area. The appellant, who was the tenant of the deceased's father, was arrested and charged with murder. The prosecution relied on circumstantial evidence, including the appellant's discovery statements leading to the recoveries of the murder weapon and the deceased's gold ornaments from his house, blood stains found at the appellant's house and on the deceased's vehicle, and the testimony of witnesses who saw the appellant carrying a bundle on his moped on the night of the murder.
Finding of the Court:
The court found that the prosecution had established its case against the appellant beyond reasonable doubt. The court held that the appellant's discovery statements were admissible, that the house search was conducted in accordance with the law, and that the scientific evidence supported the prosecution's case. The court also found that the appellant had a motive to kill the deceased, as the deceased had been demanding rent from the appellant and the appellant was in arrears. The court rejected the appellant's argument that the investigation was defective, holding that the lapses in the investigation did not render the prosecution case worthless.
Issues: 1. Whether the prosecution had established its case against the appellant beyond reasonable doubt. 2. Whether the appellant's discovery statements were admissible. 3. Whether the house search was conducted in accordance with the law. 4. Whether the scientific evidence supported the prosecution's case. 5. Whether the appellant had a motive to kill the deceased.
Ratio Decidendi: 1. The court held that the prosecution had established its case against the appellant beyond reasonable doubt based on the following circumstances: * The appellant's discovery statements leading to the recoveries of the murder weapon and the deceased's gold ornaments from his house. * Blood stains found at the appellant's house and on the deceased's vehicle. * The testimony of witnesses who saw the appellant carrying a bundle on his moped on the night of the murder. * The appellant's motive to kill the deceased, as the deceased had been demanding rent from the appellant and the appellant was in arrears. 2. The court held that the appellant's discovery statements were admissible because they were made voluntarily and in the presence of panchas. 3. The court held that the house search was conducted in accordance with the law because the appellant was present during the search and the search was conducted in the presence of panchas. 4. The court held that the scientific evidence supported the prosecution's case because the blood stains found at the appellant's house and on the deceased's vehicle were found to be of the same blood group as the deceased. 5. The court held that the appellant had a motive to kill the deceased because the deceased had been demanding rent from the appellant and the appellant was in arrears.
Final Decision: The court dismissed the appellant's appeal and upheld his conviction for murder.
V.M. Deshpande, J.(Oral)
The appellant, being aggrieved by the judgment and order of conviction passed by Additional Sessions Judge - 10, Nagpur, in Sessions Trial No. 312 of 2012 is before this Court.
2. The appellant and his mother Smt. Amarjit Kaur were charged by the learned Court below for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code. By the impugned judgment the Court below acquitted mother of the appellant of both the charges. However, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/and in default of payment of fine to suffer further rigorous imprisonment for six months. In addition to the said conviction, the appellant was also convicted for the offence punishable under Section 201 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/and in default of payment of fine to suffer rigorous imprisonment for two months. The Court below directed that substantiative sentences of imprisonment shall run concurrently.
FACTS OF THE CASE :
3. The prosecution case, as it was unfurled during the course of the trial, can conveniently be stated as under :
(A) Police Inspector Chakshupal Mahadeo Bahadure (PW 18), on 24th of August, 2011 was discharging duties as a Senior Police Inspector, Gittikhadan Police Station, Nagpur. At 7.30 a.m., on the said day, a telephonic information was received from a unknown person in the Police Station. The information was in respect of lying of one bag containing something, in between Gorewada Ring Road to Katol Naka Chowk. The said information was noted down by Police Sub-inspector D.S. Dolare in the Station Diary and then he proceeded to the spot. From the spot, PSI Dolare gave telephonic information about the bag to Police Inspector Bahadure (PW 18) and therefore he proceeded to the said spot.
(B) On reaching to the spot, Police Inspector Bahadure found that the dead body of a person was inside the cotton bag of blue colour which was tied by a lace. PSI Dolare called two panchas and prepared panchanama of the said bag. The bag was opened in presence of panchas. The bag was lying at a distance of 20 to 25 ft. from Gorewada Ring Road to Katol Naka Chowk. The spot was surrounded by jungle. After opening the bag it was noticed that the dead body was of a male person aged about 30 to 32 years. His clothes were stained with blood. The legs of the said person were tied to his neck with a cotton string. Due to the hairstyle, the police party was of the opinion that the body must be of a Sikh (ljnkjth). The clothes were checked. One Cell phone was found in the pocket of the pant. PSI Dolare then dialed the number from said Mobile. It was noticed that the deceased was handicapped. Several persons gathered on the spot. From the said gathering one Pritam Baitule, resident of Chalks Colony identified the dead body to be of one Jagmitsingh @ Goldi Marwa.
(C) Spot panchanama was prepared. Simple as well as blood smeared soil was also seized from the spot. Mobile phone of Samsung Company was also seized. The spot panchanama is at Exh.41. Thereafter, dead body was sent to Mayo Hospital for postmortem. Inquest was conducted at Mayo Hospital. Inquest panchaama is at Exh.54.
(D) At 9.00 a.m. Harvindar Indarjitsingh Marwa (PW 1), the brother of the deceased, came to the Police Station and lodged his report with PSI Soyaskar (PW 15). The report was reduced into writing by PSI Soyaskar. The oral report is at Exh.44. On the basis of the report, PSI Soyaskar registered a Crime for the offence punishable under Sections 302, 201 of the Indian Penal Code against the unknown person vide C.R.No.258 of 2011. The printed FIR is at Exh.45. After registration of the crime, PSI Soyaskar handed over investigation to Senior Police Inspector Bahadure (PW 18).
(E) As per oral report (Exh.44)
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