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2019 Supreme(Bom) 2256
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. Shinde, Prithviraj K. Chavan, JJ.
State Of Maharashtra - Appellant
Versus
Madhav Dattatraya Pashte - Respondent
Criminal Appeal No. 723 of 1996
Decided On : 11-12-2019
S.V. Sonavane, Advocate, B.G. Tangsali, Advocate
The judgment emphasizes the principle that suspicion, however strong, cannot take the place of proof in a criminal case and that the entire distance between 'may be true' and 'must be true' must be covered by legal, reliable, and unimpeachable evidence.
Headnote:
Acquittal - Criminal Law - Indian Penal Code, Sections 147, 148, 302 r/w 149, 324 read with 149 - The court acquitted all the accused of the charges based on discrepancies and inconsistencies in the testimonies of the prosecution witnesses. The court placed reliance on the principle that suspicion, however strong, cannot take the place of proof and that the entire distance between 'may be true' and 'must be true' must be covered by legal, reliable, and unimpeachable evidence.
Fact of the Case:
Deceased Sitaram Dalvi, a police constable, and the witnesses went for fishing in a field. They were allegedly assaulted by the accused resulting in the death of Sitaram Dalvi. The prosecution's case was based on the testimonies of the witnesses and medical evidence.
Finding of the Court:
The court found discrepancies and inconsistencies in the testimonies of the prosecution witnesses, material omissions, and contradictions, which affected the credibility of the witnesses and the prosecution's case. The court also noted that the prosecution failed to establish a motive for the offence and the ownership of the field where the incident occurred.
Issues: The issues included the credibility of the prosecution witnesses, the identification of the accused, the ownership of the field, and the establishment of a motive for the offence.
Ratio Decidendi: The court's decision was influenced by the principle that suspicion cannot replace proof in a criminal case and that the entire distance between 'may be true' and 'must be true' must be covered by legal, reliable, and unimpeachable evidence. The court also emphasized the importance of establishing a clear motive for the offence and the ownership of the property where the incident occurred.
Final Decision: The appeal was dismissed, and the order as regards disposal of property was maintained.
The court's findings on the lathi as a weapon of assault are primarily based on the testimonies of the witnesses and the physical evidence presented during the trial. The prosecution witnesses, such as PW-2 Ankush Dalvi, PW-3 Krishna Devji Dalvi, PW-4 Krishna Babu Dalvi, and PW-5 Sanjay Dalvi, testified that the accused were armed with lathis and that they inflicted blows using these weapons during the incident (!) (!) (!) (!) (!) (!) .
However, the court observed significant inconsistencies and material omissions in the testimonies regarding the weapons used. For example, PW-2 admitted that the lathis produced in court did not match those used during the incident, and there were discrepancies in the identification of the weapons by different witnesses. The court also noted that the witnesses could not specify the number of blows inflicted or the specific weapons used by each accused, which affected the credibility of their testimonies (!) (!) (!) .
Furthermore, the discovery evidence, such as the seizure of a single lathi from the lake, was found to lack a direct nexus with the injuries sustained by the deceased. The chemical analysis reports did not conclusively establish that the bloodstains on the articles belonged to the deceased or injured witnesses, adding to the doubts about the prosecution's case (!) (!) .
In summary, while the witnesses testified that the accused used lathis during the assault, the court found that there was a lack of reliable and consistent evidence linking the lathis to the injuries on the deceased. The discrepancies and material omissions in the testimonies led the court to conclude that the evidence regarding the lathis was not sufficiently credible to establish the accused's guilt beyond reasonable doubt.
JUDGMENT
Prithviraj K. Chavan, J. - This is an appeal by the State challenging the judgment and order of acquittal passed by the Additional Sessions Judge, Thane in Sessions Case No. 641 of 1993 by which the Respondents came to be acquitted of the offences punishable under Sections 147, 148, 302 r/w 149, 324 read with 149 of IPC.
2. The prosecution story, as emerged from the record, can be summarized as follows:
3. Deceased Sitaram Laxman Dalvi was serving as a Police Constable at Jawahar Police Station. The Complainant Ishwar Dalvi (PW-1) is the nephew of the deceased and the first informant. The incident in question occurred on 30.06.1993 at village Gavis Khurd. At about 9.00 p.m. deceased Sitaram Dalvi, PW-1 Ishwar Dalvi, PW-2 Ankush Dalvi (injured witness), PW-3 Krishna Devji Dalvi, PW-6 Sanjay Dalvi who were residents of Pahuni village had gone for fishing in the complainant''s field. Around 10.30 p.m. Anant Narayan Paste (now deceased), Mahadu Paste (now deceased), Ramesh Paste (now deceased) along with Bhau Paste suddenly came over there. It is alleged that all of them along with some other persons started assaulting the complainant and the witnesses by inflicting blows of lathi. The complainant was assaulted over his head by means of a lathi. Accused Anant Paste inflicted a blow of lathi on the back of PW2 Ankush Dalvi. On hearing the melee and shouts, five of the assailants ran towards Ghateshkhurd. Due to fatal injury sustained by deceased Sitaram Dalvi over his head, he became unconscious. The complainant and his colleagues carried him to Rural Hospital at Wada. After reaching the injured to Wada Hospital, the complainant went to the police station at Wada and reported the matter. By that time, Doctor declared Sitaram Dalvi dead. Thereafter, PW-1 Ishwar Dalvi went to Wada Police Station and lodged a report against all the accused on the basis of which a crime bearing No. 189 of 1993 under Sections 302, 147, 148, 149 and 324 of IPC has been registered.
4. On 07.01.1993, P.I. Satpute went to Rural Hospital and drew an inquest panchnama. Body of the deceased was sent for postmortem. The Investigating Officer visited the scene of occurrence. A spot panchnama was drawn. The accused were arrested.
5. Accused Manoj Paste and accused Mahadu Paste, while in police custody on 05.08.1993, produced a weapon i.e. a spear and one lungi which were seized under a panchnama. After recording the statements of the witnesses and after completing the investigation, the Investigating Officer laid a chargesheet in the court of the Judicial Magistrate First Class, Wada against the accused.
6. After committal, the learned Additional Sessions Judge framed a charge against all the accused as above. The accused pleaded not guilty and claimed to be tried. In support of its case, the prosecution examined 12 witnesses.
7. The defence of all the accused, as emerged from the line of cross-examination as well as from their statements under Section 313 of the Cr.P.C. is that they have been falsely implicated in this case. It is, inter alia, stated by the accused that the witnesses have testified against them merely on suspicion as it was a rainy night. No defence evidence came to be adduced on their behalf.
8. The learned Additional Sessions Judge, Thane, after going through the evidence of the prosecution witnesses and after hearing the prosecution and defence, found various discrepancies and inconsistencies in the testimonies of the prosecution witnesses.
9. In the impugned judgment, the learned Additional Sessions Judge placed implicit reliance upon an authority of the Supreme Court in the case of Sarwan Singh Rattan Singh v/s. The State of Punjab, (1957) AIR SC 637 wherein it has been held thus :
" in a criminal case, more suspicion, however, strong cannot take the place of proof"
Their Lordships have further observed that:-
" There may also be an element of truth in the prosecution story against the accused. Considered as a whole, prosecution sto
