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2018 Supreme(Bom) 899
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, K.L. WADANE, JJ.
Laxman s/o Kisan Kanhe & Ors. - Appellants
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 191 of 2003
Decided On : 21-06-2018
Advocate Appeared:
For the Appellants : Shri. Joydeep Chatterji
For the Respondent: Mrs. D.S. Jape
The judgment emphasizes the importance of proving incriminating circumstances and motive beyond reasonable doubt in cases based on circumstantial evidence.
Headnote:
Murder - Indian Penal Code - Section 302, Section 149
Fact of the Case:
The deceased, wife of accused No.1, was found dead in a well in the field of the accused. The prosecution alleged that the accused persons murdered the deceased due to ill-treatment and illegal demands. The trial court convicted all the accused based on circumstantial evidence.
Finding of the Court:
The court found serious and reasonable doubt about the prosecution's case, noting that the incriminating circumstances were either not proved or not satisfactorily established. The trial court was observed to have committed errors in using relevant facts not proved by the prosecution.
Issues: The issues included the sufficiency of circumstantial evidence, the credibility of witness testimony, and the establishment of motive for the alleged murder.
Ratio Decidendi: The court's decision was influenced by the lack of convincing evidence on motive, the doubt created by witness testimony, and the failure to prove incriminating circumstances. The court also noted errors in the trial court's application of the Evidence Act.
Final Decision: The appeal was allowed, and the judgment and order of conviction and sentence were quashed and set aside. All the appellants were acquitted of the offence punishable under section 302 read with 149 of the Indian Penal Code.
T.V. Nalawade, J.
1. The appeal is filed against the judgment and order of Sessions Case No.25/1997 which was pending in the Court of learned 2nd Additional Sessions Judge,Jalna. The trial court has convicted all the appellants for offence punishable under section 302 read with 149 of Indian Penal Code and each of the appellants is sentenced to suffer imprisonment for life and fine is also imposed on the appellants. Both the sides are heard.
2. In short, the facts leading to the institution of the appeal can be stated as follows :
3. Deceased Dwarkabai was the wife of accused No.1-Laxman. Accused No.2-Kisanrao is father of accused No.1. Accused No.3 is a brother of accused No.1. Accused No.4 is wife of accused No.3 and accused No.5 is married sister of accused No.1.
4. The incident in question took place on 10-12- 1995 after 11.00 a.m. in the field of the accused persons. Ranjana, a grand daughter of Kisan, who was aged about 11 years at the relevant time, was present in the field along with the deceased. She informed to the accused persons that the deceased had gone towards well to fetch water but she had not returned. She had informed that she had visited the well but she could not see anything except a rope and a bucket which they were using for lifting water manually.
5. On 10-12-1995 itself Kisan, accused No.2 took out the dead body from the well with the hope that deceased was still alive. When they took out the deceased, they realised that she was already dead. Kisanrao then gave A.D. report to Ambad Police Station. It was informed that the deceased had gone to the field with Ranjana and Ranjana had supplied the aforesaid information. Name of the neighbouring land owner Digambar was given in the A.D. report as he had helped the accused persons to take out the dead body from the well. On the basis of this report, A.D. No.70/1995 came to be registered at 5.20 p.m. on 10-12-1995.
6. On 11-12-1995 between 10.45 a.m. and 11.45 a.m. post mortem was conducted on the dead body by Dr. Somani. Doctor gave opinion that the deceased died due to asphyxia due to suffocation (smothering).
7. On 11-12-1995 father of the deceased, Trimbak gave report against all accused persons expressing his suspicion that all of them had murdered Dwarkabai. He informed about the ill-treatment which the deceased was receiving and also the illegal demand of money made by the accused persons. On the basis of the report given by Trimbak, crime at CR No.229/1995 came to be registered at 2.20 p.m. for offences punishable under sections 302, 304-B, 201 of Indian Penal Code.
8. On 11-12-1995 panchanama of the well was prepared as spot panchanama in the presence of panch witnesses by police. The statements of relatives of the deceased on parents side came to be recorded. During course of investigation accused No.1 came to be arrested and his clothes were taken over which were on his person. On the basis of statement given by accused No.1, one stone was recovered from a place situated at some distance from the well and blood was found on the stone. Shoes of accused No.1 were also taken over. The clothes of the accused No.1 and the aforesaid articles taken over from the accused No.1 came to be sent to C.A. office. Blood was detected on the clothes and shoes of accused No.1. Charge-sheet came to be filed for the aforesaid offences. To the charge all the accused pleaded not guilty.
9. The prosecution examined in all 13 witnesses for proving the offences. The trial court has examined aforesaid Ranjana as Court Witness. No defence evidence is given. All the accused have taken defence of total denial.
10. The trial court has held that there is circumstantial evidence like presence of blood on the clothes and the shoes of accused No.1 and a stone having blood stains was also recovered on the basis of statement given by accused No.1. As it is a homicide, on the basis of these circumstances, conviction is given for offence punishable under section 302 read with 149 of t
