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2017 Supreme(Bom) 1300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
C.V. BHADANG, PRITHVIRAJ K. CHAVAN, JJ.
Ulhas Pednekar - Appellant
Versus
State Through PP High Court of Bombay at Panaji, Goa - Respondent
Criminal Appeal No. 61 of 2014
Decided On : 11-08-2017
Advocate Appeared:
For the Appellant :Arun Bras De Sa, Advocate
For the Respondent: S.R. Rivankar, Public Prosecutor
The main legal point established in the judgment is the assessment of evidence and testimonies to establish the appellant's intention to commit murder under IPC Section 302.
Headnote:
MURDER - Criminal Law - IPC Section 302 - Summary of Acts and Sections: IPC Section 302, Section 27 of the Indian Evidence Act - The court discussed the evidence and testimonies related to the murder case under IPC Section 302 and the admissibility of the recovery of the weapon of the offence under Section 27 of the Indian Evidence Act.
Fact of the Case:
The deceased, a driver, was assaulted with a knife by the appellant, leading to his death. The prosecution presented evidence of the assault and the subsequent events, including witness testimonies and medical reports. The defense argued that the evidence was inconsistent and the recovery of knives was not valid.
Finding of the Court:
The court found that the evidence, including eyewitness testimonies and medical reports, established that the appellant had a clear intention to eliminate the deceased and, therefore, inflicted a lethal blow with a big knife on the vital part of the deceased with full force.
Issues: The main issue was the assessment of the evidence and testimonies to determine the appellant's guilt under IPC Section 302 and the admissibility of the recovery of the weapon of the offence under Section 27 of the Indian Evidence Act.
Ratio Decidendi: The court relied on the direct evidence of eyewitnesses, the medical report, and the admissibility of the recovery of the weapon of the offence under Section 27 of the Indian Evidence Act to establish the appellant's intention to commit murder.
Final Decision: The court dismissed the appeal, upholding the judgment and order of conviction against the appellant under IPC Section 302.
Prithviraj K. Chavan, J.
1. This appeal is directed against the judgment and order of conviction dated 26.8.2014 passed by the Additional Sessions Judge, South Goa, Margao in Sessions Case no.16/2013 in which the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment, inter alia, fine of Rs.50,000/- and in 2 default to undergo simple imprisonment for 2 years.
2. The prosecution case, as emerged from the record, can be stated as follows:-
The deceased Distiano was a driver working on a private vehicle at hotel Park Hyatt, Uttorda Goa. He was employed on a fixed salary of Rs.5000/- per month by PW2 Hitler Correia to drive his private Innova car No. GA-06-T-1409. The marriage of younger brother of deceased Distiano was to be solemnized on 20.4.2013 and, therefore, Distiano was on leave. On 19.4.2013 PW-1 Natty Mascarenhas, younger sister of Distiano was on her way to Margao to purchase suit for wedding alongwith one Rosy Fernandes when a call was received by said Rosy Fernandes from Distiano that Mr. Ulhas Pednekar (appellant) had assaulted him with a knife in his abdomen and that he had fallen near a Park Hyatt Hotel. PW-1 Natty immediately informed Distiano's master namely PW-2 Hitler Corriea, who in turn, informed Natty that they were shifting Distiano at Hospicio Hospital, Margao. Subsequently, Distiano was referred to GMC Bambolim. However despite medical attendance Distiano succumbed to serious injury caused to him by the appellant. PW-1 Natty therefore, lodged a complaint with the police alleging therein that on 19.4.2013 around 12.45 hrs her brother Distiano was assaulted by the appellant with a knife. On the basis of her complaint an FIR was registered against the appellant.
3. PW-21 Rajesh Kumar who was attached to Police station Verna held investigation into the crime. Initially crime bearing no. 63/2013 under Section 307 IPC was registered by ASI Anant Shirodkar-PW17, which was subsequently converted into Section 302 of IPC. The appellant was arrested on the same day at 17.40 hours. An inquest was drawn on 20.4.2013.
4. An autopsy of the dead body by PW14 Dr. Pannag Kumar revealed that cause of death was due to hemorrhagic shock consequent to damage to major abdominal arterial trunk vide incised penetrating stab injury. Investigating Officer thereafter visited the scene of offence and drew a panchanama(Exh. 41). Weapon of the offence i.e knife having green coloured handle (Exh. 44) and one more knife having steel handle and dent on one side (Exh. 43) came to be recovered under Section 27 of the Indian Evidence Act at the behest of the appellant. Investigating officer also recorded the statements of the witnesses.
5. He seized mobile phone of the appellant from the possession of his wife which was of micromax company bearing no. 8805084784. Seized material was sent to Central Foreign Scientific Laboratory at Hyderabad.
6. After investigation a chargesheet was filed in the court of 4 the learned Judicial Magistrate First Class, Vasco. The learned JMFC, committed the case to the Sessions Court.
7. A charge was framed against the appellant by the learned Sessions Judge on 8.8.2013 under Section 302 IPC. The appellant pleaded not guilty and claimed to be tried.
8. Prosecution has examined as many as 21 witnesses in order to substantiate the charge against the appellant. The learned Sessions Judge, after going through the evidence and hearing the prosecution and the defence, by the impugned judgment and order convicted and sentenced the appellant as above.
9. We have heard the learned Counsel appearing for the appellant.
10. The main thrust of the learned counsel while assailing the impugned judgment is that the learned Additional Sessions Judge has failed to appreciate the evidence of the prosecution witnesses in its correct prospective in the sense that most of the prosecution witnesses were highly interested and had deliberately suppressed the genesis giving rise to the incident in q
