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2020 Supreme(Bom) 739
IN THE HIGH COURT OF BOMBAY
S.S. Shinde, M.S. Karnik, JJ.
Sunny @ Santosh Dharmu Bhosale - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 927 of 2015
Decided On : 05-08-2020
Shailesh Chavan, Advocate, H.J. Dedhia, Advocate
The main legal point established in the judgment is the standard of proof beyond reasonable doubt required in criminal cases, and the reliance on consistent and corroborating evidence to establish guilt.
Headnote:
IPC - Murder - Section 302, Section 325 - The judgment discusses the evidence presented by the prosecution, including eyewitness testimonies, medical evidence, and forensic reports, to establish the guilt of the appellant-accused for the murder of Gopal. The court analyzes the reliability of the eyewitnesses, the consistency of their testimonies, and the corroborating evidence, ultimately concluding that the prosecution has proven the guilt of the appellant-accused beyond reasonable doubt.
Fact of the Case:
The appellant-accused was convicted for the murder of Gopal, based on eyewitness testimonies, medical evidence, and forensic reports. The defense argued that the prosecution failed to prove its case beyond reasonable doubt.
Finding of the Court:
The court found the evidence of the eyewitnesses to be consistent and reliable, and the medical and forensic evidence corroborated their testimonies. The court concluded that the prosecution had successfully proven the guilt of the appellant-accused beyond all reasonable doubts.
Issues: The issues revolved around the reliability of eyewitness testimonies, the consistency of evidence, and the sufficiency of proof beyond reasonable doubt.
Ratio Decidendi: The court relied on the consistent and trustworthy testimonies of the eyewitnesses, the corroborating medical and forensic evidence, and the absence of inherent improbabilities in the case to establish the guilt of the appellant-accused beyond all reasonable doubts.
Final Decision: The court dismissed the appeal, upholding the conviction of the appellant-accused for the murder of Gopal.
JUDGMENT
M.S. Karnik, J. - The appellant-accused Sunny @ Santosh Dharmu Bhosale challenges the judgment rendered by the Additional Sessions Judge, Satara, convicting him for the ofence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to sufer imprisonment for life and to pay fne of Rs.500/-, in default to sufer R.I. for two months vide Section 325 of the Criminal Procedure Code.
2. The appellant-accused was charged for committing the murder of Gopal Mahadev Bhosale, on 21st March, 2014, at 10.30 p.m. The prosecution case in brief is as under.
The appellant-accused Sunny @ Santosh is a resident of village Shivaji Nagar, Taluka : Khandala, District : Satara. The appellant - accused is a nephew of deceased Gopal. PW-5 Rajendra Bhosale is also a resident of Shivaji Nagar where the appellant-accused is residing. On the date of the incident, PW-6 Sunita Gopal Bhosale and her husband - deceased Gopal Bhosale went to the house of PW-5 Rajendra. PW-5 Rajendra went to answer nature's call. In the meantime, PW-6 Sunita and deceased Gopal were having conservation with Chayya - wife of PW-5 Rajendra. At around 10.30 p.m., the appellant-accused came in front of Rajendra's house and started abusing Chayya on account of a loan which PW-5 Rajendra obtained against the agricultural land. Chayya tried to pacify the appellant-accused. The appellant-accused attempted to assault Chayya. Gopal therefore intervened requesting the appellant-accused not to use abusive language and the issue could be resolved the next day in the morning. The appellant-accused proceeded away some distance from the house of PW-5-Rajendra. The appellant-acused suddenly started abusing Gopal in flthy language and called him out of the house in a threatening tone. Gopal went out of the house and followed the appellant-accused towards Northern side of tar road leading towards Khadkoba Temple in the village. After PW-5 Rajendra Bhosale returned back answering the nature's call, PW6 Sunita and Chayya informed PW-5 Rajendra whereupon even PW-5 - Rajendra rushed towards the spot. The appellant-accused mercilessly assaulted Gopal on his face and head by means of a bamboo stick causing serious bleeding injuries. PW-3 Mangesh Bhosale, Aniket Bhosale (not examined by the prosecution), upon hearing the quarrel too headed towards the spot. PW-3 - Mangesh Bhosale, Aniket Bhosale and PW-5 - Rajendra Bhosale saw the appellant-accused assaulting the deceased by means of a bamboo stick. Gopal was lying on the ground. On seeing PW-3 - Mangesh Bhosale, Aniket and PW-5 Rajendra Bhosale, the appellant-accused ran away. Thereafter, Gopal was taken to the Rural Hospital at Khandala. The Doctor declared him dead on admission.
3. Pw-4 Sharad Bhosale lodged the First Information Report ('F.I.R.' for short). The F.I.R. was lodged on 22nd March, 2014, at about 1.35 a.m. PW-10 - Investigating Ofcer - Ashok Bapu Shelke conducted the investigation.
4. After preparing the inquest panchanama, the deadbody was sent for postmortem. The probable cause of death is mentioned as "due to head injury intracraniual haemorrhage". Following are the injuries on the person of deceased Gopal as testifed by PW-7 - Dr. Ramesh Ravindra Korde, who carried out the postmortem of the body.
1. Large C.L.W. fracture over chin on palpation.
2. Fracture of both temporor mandibular joints.
3. Fracture of bridge of nose.
4. Fracture of right temporal bone.
5. Fall lower teeth.
Memorandum of postmortem is at Exhibit 21.
5. After inquest panchanama, the investigating ofcer PW-10 - Ashok Shelke prepared the spot panchanama (Exhibit 8) and collected the blood mixed soil and plain soil. The accused was arrested. The blood stained clothes on the person of the deceased were seized by preparing panchanama (Exhibit 11).
6. The appellant-accused, when he was in police custody, expressed his willingness to show the place where the bamboo stick was concealed. The statement of the appellant -
