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2019 Supreme(Bom) 2305
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. Shinde, N.B. Suryawanshi, JJ.
State Of Maharashtra - Appellant
Versus
Manohar Krishna Naik - Respondent
Criminal Appeal No. 381 of 1997
Decided On : 13-11-2019
M.M. Deshmukh, Advocate
The prosecution failed to establish a clear connection between the circumstantial evidence and the accused, leading to their acquittal for murder and robbery under IPC Sections 302 and 392.
Headnote:(A) Indian Penal Code - Sections 302 and 392 r/w Section 34 - Acquittal of accused in a murder and robbery case - Prosecution failed to prove circumstantial evidence connecting accused to the crime - No eyewitnesses or direct evidence, reliance on confessional statements that lack corroboration - Trial Court acquitted accused due to insufficient evidence and granted them benefit of doubt. (Paras 38-56)
Facts of the case:
The complainant, an employee of the State Transport Corporation, reported his wife missing, later found dead with missing ornaments. The accused allegedly made statements leading to the recovery of articles, but the prosecution's case hinged solely on circumstantial evidence. (Paras 1-12)
Findings of Court:
The prosecution did not manage to establish a convincing link between the circumstantial evidence and assert that the accused were responsible for the murder and robbery. As there were many unanswered questions and contradictions in witness testimonies, the Trial Court's decision to acquit was justified. (Paras 38-56)
Issues: The main issues revolved around the reliability of circumstantial evidence, the credibility of witness statements, and whether the prosecution established a clear link to the accused's involvement in the crime. (Paras35-56)
Ratio Decidendi: The court emphasized that in a case based on circumstantial evidence, each link must be distinctly established, leading to the conclusion that only the accused could have committed the crime, which the prosecution failed to do in this case. (Paras 38-56)
Result: Appeal against acquittal dismissed. Bail Bonds of the Respondents-Accused cancelled.
| Table of Content |
|---|
| 1. sequence of events leading to the crime (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments from both sides on the evidence (Para 15 , 16 , 17) |
| 3. conclusions drawn from the evidence presented (Para 38 , 53 , 54 , 56) |
| 4. analysis of circumstantial evidence (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 5. final judgment dismissing the appeal (Para 55) |
JUDGMENT
S. S. Shinde, J. - This Appeal is directed against the Judgment dated 24th January 1997 passed by the 2nd Additional Sessions Judge, Sawantwadi acquitting all the Accused / Appellants from the offence punishable under Sections 302 and 392 read with Section 34 of the Indian Penal Code.
2. The prosecution case, in brief, is as under:
The complainant Sahadeo Nhanu Sawant P.W. 4 was serving in State Transport Corporation since 1987. On his transfer, he had joined Sawantwadi Bus Depot at Sawantwadi from S.T. Depot at Kankavali on 05.07.1995. On that day Sahadeo went to Sawantwadi and joined his duties in the morning. His wife deceased Sayali was then serving as a primary teacher at village Ovaliye which was about 1/2 hour walking distance from her residence at Deosu. She too proceeded to her school on 05.07.1995 at about 09.30 a.m from her residence. However, on her way to her school, the Accused No. 3 told Sayali that a snake was lying on her usual foot-path, and she should go by another way. Hence, Sayali changed her way. However, after she covered some distance, the accused no. 1 Manohar and accused No. 2 Santosh caught hold her, made her to fall down, robbed her ornaments and then gave blows of stones on her head and face. Consequently Sayali died on the spot. The accused then went away with her ornaments and other articles.
3. As Sayali did not return to her residence in that evening, and as her husband Sahadeo P.W. 3 had gone to his sister''s village at Kalambist in that night, his neighbours went to Kalambist and informed that Sayali had not returned from her school. Sahadeo and his neighbours returned from Kalambist and made search of Sayali during that night. However, at about 8.30 a.m on 06.07.1995 when he returned to his residence after making search of Sayali, Yashwant Sawant and others sitting at his residence told him that the dead body of Sayali was found in the Nagzari Vhal (Stream-let) which is also known as "Ubhatyachi Vhali'' in the area known as ''Raiche Bharad''. Accordingly, he went to that spot and found a dead body of the women lying there. He recognized it to be of Sayali. He also noticed missing of ornaments of Sayali from the dead body. Number of persons had gathered there.
4. Ladu Jadhav P.W. 1 the Police Patil of village Ovaliye was informed about a murder of a women in that Vhal by one Mohan Gavas. Primary school teacher and Sitaram Naik a police patil of adjacent village Deosu at about 08.00 a.m on 06.07.1995. Hence, they went to that spot i.e. Ubhatyachi Vhali, and found a dead body of a women lying in the bushes of Ukshi at about 50 to 60 feet away from the stream-let. Ladu (PW-1) noticed multiple injuries on the face of the dead body and it could not be recognized. Number of persons had also gathered there. Seeing the condition of that dead body, Ladu (P.W. 1) - the Police Patil directly went to police station, Sawantwadi and orally informed the above facts to the police station officer.
5. P.S.I. Palkar (P.W. 19) the Investigating Officer and police staff then directly went to Nagzari Vhal, where the dead body of Sayali was lying. Complainant Sahadeo (P.W. 3) was also on the spot in that mob. He told the police that it was a dead body of his wife Sayali and somebody had robbed and killed her. Accordingly, police recorded his statement at about 11.00 a.m on the spot which is registered as F.I.R , i.e. Crime No.62 of 1995 (for sake of brevity herein after referred to as "the said crime") at Exh. 50 in the police station.
6. The panchanama of the scene of offence as well as inquest panchanama were held. The de
