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2018 Supreme(Bom) 1313

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. SHINDE, MRIDULA BHATKAR, JJ.
Nitin Tukaram Chavan - Appellants
Versus
The State of Maharashtra - Respondent
CRIMINAL APPLICATION NO.248, 249 OF 2018, CRIMINAL APPEAL NO.1138, 1295, 1126, 1223 OF 2011, 181 OF 2012, 447 OF 2014
Decided on : 01-10-2018

Advocates:
Advocate Appeared:
For the Appellant :Mr.Shirish Gupte, Mr.Kedar J.Patil, Mr.Niteen Pradhan, Advocate a/w Ms. Shubhada D.Khot a/w. Mr.Aditya Lasaria, Mr.Ganesh Bhujbal, Ms.Debajyoti Talukdar, Mr. D.G. Khamkar, Adv.
For the Respondent: Mr.H.J.Dedhia, Adv

Headnote:

Indian Penal Code, 1860 - Section 323, 504 - Evidence Act - Section 27 - Charge sheet - Investigating - Trial Court also convicted Appellants Original Accused offence punishable Sections of IPC sentenced them to suffer for life and to pay fine eachin default to suffer further months each - Trial Court also convicted Appellants Original Accused for offence punishable Sections IPC and sentenced them to suffer for two Years with fine eachin default to suffer further month each - All above sentences were directed to be run concurrently - Hence these Appeals are filed by Appellants challenging conviction and sentence – Held, Court are conscious of fact thatone person has lost his life in his young age - Howeverin absence of cogenttrustworthyreliable and sufficient evidencewe are unable to subscribe view taken by trial Court - Court have to remind ourself observations made by Supreme Court in case of Sarwan Singh Rattan Singh State of PunjabAIR which are reproduced as It is no doubt matter of regret that foul coldblooded and cruel murder like present should go unpunished - It may be as Mr - Gopal Singh strenuously urged before us that there is an element of truth in prosecution story against both appellants - Mr - Gopal Singh contended thatconsidered as whole prosecution story may be true but between may be true and `must be true there is inevitably long distance to travel and whole of this distance must be covered by legalreliable and unimpeachable evidence - Thus upon reappreciation of entire evidencewe are of considered opinion that evidence brought on record by prosecution is not sufficient and cogent to form basis for conviction - So also evidence on record do not establish beyond reasonable doubtthat it is accused personswho have committed act of murder deceasedand involvement of person other than accused is completely ruled out - There is no clinching and credible evidence to convict accused for offences levelled against them - Reasons and findings recorded by Trial Court are found to be perverse and based upon improper appreciation of evidence on record and findings are not sustainable in law - Court are of view that prosecution has failed to prove guilt against accused beyond reasonable doubt - Therefore accused deserves to be given benefit of doubt – Appeal disposed

JUDGMENT :

S.S. SHINDE, J.

1. These Appeals are directed against the Judgment and order dated 6th August, 2011, passed by the Additional Sessions Judge-11, Pune in Sessions Case No.656 of 2009, thereby convicting the Appellants/Original Accused Nos.1 to 12 for the offences punishable under Section 143 read with 149 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer rigorous imprisonment for six months with fine of Rs.100/each, in default to suffer further rigorous imprisonment [for short 'R.I.'] for 15 days each. The trial Court also convicted Appellants/Original Accused Nos.1 to 12 for the offence punishable under Sections 147 read with 149 of the IPC and sentenced them to suffer R.I. for two Years with fine of Rs.200/each, in default to suffer further R.I. for 30 days each. The trial Court also convicted Appellants/Original Accused Nos.1 to 12 for the offence punishable under Sections 148 read with 149 of the IPC and sentenced them to suffer R.I. for three Years with fine of Rs.200/each, in default to suffer further R.I. for 1 month each. The trial Court also convicted Appellants/Original Accused Nos.1 to 12 for the offence punishable under Sections 449 read with 149 of the IPC and sentenced them to suffer R.I. for 10 Years with fine of Rs.500/each, in default to suffer further R.I. for 2 months each. The trial Court also convicted Appellants/Original Accused Nos.1 to 12 for the offence punishable under Sections 302 read with 149 of the IPC and sentenced them to suffer R.I. for life and to pay fine of Rs.1000/each, in default to suffer further R.I. for 3 months each. The trial Court also convicted Appellants/Original Accused Nos.1 to 12 for the offence punishable under Sections 427 read with 149 of the IPC and sentenced them to suffer R.I. for two Years with fine of Rs.300/each, in default to suffer further R.I. for 1 month each. All the above sentences were directed to be run concurrently. Hence these Appeals are filed by the Appellants challenging the conviction and sentence.

2. As all these Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, all these Appeals are being decided by this common Judgment. In the Sessions Case before the trial Court, there were in all 12 accused, who were tried together. The trial Court has convicted and sentenced all the twelve accused in the manner as already mentioned herein above in paragraph 1. Those twelve accused have filed these different six Criminal Appeals which are being decided by this common Judgment.

3. The prosecution case, in brief, is as under:

[A] An informant (PW 16) Sau. Narsu Raju Jegali is married sister of Yellappa Pujari (PW 1), Yuvraj Pujari(PW 3) and deceased Hira Pujari. In the year 2008, when the incident occurred, the informant had been at the house of her parents, wherein she herself, her mother, PW 1, PW 3 and deceased Hira Pujari were residing jointly in the house situate at Gosavi Vasti, Karve Road, Pune. Their house consists of two partitioned rooms.

[B] The deceased Hira Pujari was jobless. Hence on 11th October, 2008, he was at his house in between 11.00 a.m. to 12.30 noon. Likewise, informant Narsu was present in the house. The other family members have been out of the house for attending their job. Thus, at the time of incident informant (PW 16) and her brother Hira Pujari only were present in the house.

[C] It is alleged that on the said date at about 12.00 to 12.30 noon, accused Nos.1 to 12 along with the deceased accused Balaji Chavan, armed with deadly weapons viz. swords, scythes and axe rushed towards the house of informant, caused damage to the glass window panel of the house and house of neighbour Chand Shaikh. Therefore, the informant had made an attempt to close the door, but she was not allowed to do so by pushing the door by the said accused. Some of the accused had entered into the house and some waited in the door and by means of the above said weapons, had assaulted to Hira Pujar










































































































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