The reliability of witness testimony and the sufficiency of corroborative evidence in establishing guilt in a murder case.

JUDGMENT

N.J. Jamadar, J. - This appeal is directed against the judgment and order dated 29th October, 2015, in Sessions Case No. 37 of 2014, passed by the learned Additional Sessions Judge, Vaduj, whereby and whereunder the appellant - accused came to be convicted for the ofence punishable under Section 302 of the Indian Penal Code, 1860 ('IPC') and sentenced to sufer imprisonment for life and pay a fne of Rs.20,000/- with default stipulation, for having committed murder of Yashodabai (hereinafter referred to as, 'the deceased').

2. Shorn of unnecessary details, the background facts leading to this appeal can be stated as under:

(a) The deceased was resident of Revalkarwadi, Taluka Khatav. The accused resided at Gavwadi Visapur, a nearby village. On 27th April, 2014, after having dinner the deceased went to sleep on a cot in the courtyard of her house. Her daughter Dhanashree slept besides the deceased on the same cot. Fulabai, the mother-in-law of the deceased, was sleeping on the foor near the cot. Laxman ('the frst informant') the son of the deceased had gone to sleep at the house of Krushnat Yadav, his cousin, as marriage of Krushnat was to be solemnized in the ensuing few days and preparations were on.

(b) At about 12.15 am. Dhanashree raised loud alarm. Laxman and Krushnat rushed to the house of the frst informant. Neighbours also rushed to the house of the frst informant. The deceased was lying in a pool of blood, on the cot. She had sufered a grievous injury on the right side of the neck, by means of a sharp weapon. Dhanashree apprised that the accused came to their house armed with an axe and inficted blow on the neck of the deceased. Thus, she raised alarm and thereupon the accused ran away.

(c) The frst informant thus approached Pusegaon Police Station and lodged report against the accused. The frst informant reported that in the month of November - 2013 the accused had, with an evil eye, insisted the deceased to accompany him and the deceased had abused him and thus the accused caused death of the deceased. Crime was registered at Pusegaon police station vide CR No.35 of 2014 at 3.55 am.

(d) During the course of investigation the Investigating Officer visited the scene of occurrence, drew panchnama, collected the articles lying at the spot, held inquest on the dead body of the deceased and sent the dead body for postmortem examination. The Investigation Officer interrogated the witnesses and recorded their statements. The accused came to be arrested on 5th May, 2014. The clothes of the accused, which had blood stains, were seized. On 8th May, 2014, the accused made discovery leading to the recovery of the weapon of ofence i.e. axe, which had blood stains on its blade and handle, from the house of the accused. After fnding the complicity of the accused charge-sheet came to be lodged against the accused in the Court of jurisdictional Magistrate.

(e) On committal, the learned Sessions Judge framed charge against the accused for the ofence punishable under Section 302 of IPC. The accused pleaded not guilty and claimed for trial.

(f) At the trial, to substantiate the indictment against the accused the prosecution examined in all 11 witnesses including Dhanashree (PW-8) and Laxman (PW-10); the daughter and the son of the deceased, as the witnesses to the occurrence, Dr. Meghna Pandurang Patil (PW-6); the autopsy surgeon, Mr. Vasudeo Namdeo Kapse (PW-7) and Hanmant Ramchandra Jagdale (PW-9), who claimed to have seen the accused armed with an axe at Kalubai temple few minutes prior to the occurrence, and Dhanajay Ingale (PW-11); the Investigating Officer, who furnished the details of investigation. After the closure of the prosecution evidence the accused was examined under Section 313 of Code of Criminal Procedure, 1973. The accused did not lead any evidence in his defence which consisted of false implication on account of political affiliations.

(g) After appraisal of the evidence, the learned Sessions Judge was persuade