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2020 Supreme(Bom) 893
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
Ravindra V Ghuge, B.U. Debadwar, JJ.
Anil - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 637 of 2014
Decided On : 15-10-2020
Ranjana D Reddy, Advocate, S.D. Ghayal, Advocate
Section 106 of the Evidence Act applies when a person is in the custody of another person, and the death of that person is caused by an unknown cause.
Headnote:
Anil Shrawan More was convicted for murdering his wife Suvarna. The prosecution relied on the testimony of Bhalchandra Jayram Pagare, Prakash Shrawan More, Yogesh Jaywant Pagare, Abdul Khalik Abdul Mannan Pathan, and Dr. Kalpana Govindrao Chaudhari. The defense did not lead any evidence. The court held that the death of Suvarna was homicidal and that Anil was the murderer. The court also held that Section 106 of the Evidence Act applied, as Suvarna was in the custody of Anil as his wife.
Fact of the Case:
The informant Bhalchandra Jayram Pagare lodged a complaint on 13.03.2012 at 09:15 a.m., stating that Prakash Shrawan More, real elder brother of the appellant Anil, was working as a Saldar with a farm owner by name Ashok Govind Kakuste. His wife and his children reside together in one of the agricultural fields of Ashok. Anil had come to the house of Prakash in search of work and stayed with him along with his wife, a son, and a daughter. He was given employment by Ashok in an adjacent field and Anil started residing in a small hut in the said field along with his wife and children. It was a one-room hut which did not have a door.
Finding of the Court:
The court found that Suvarna had suffered a homicidal death. The court also found that Anil was the murderer, based on the testimony of the witnesses, the extra-judicial confession made by Anil, and the circumstantial evidence.
Issues: Whether the death of Suvarna can be said to be homicidal? Is the accused Anil, the murderer of his wife?
Ratio Decidendi: The court held that the death of Suvarna was homicidal, based on the testimony of the witnesses, the extra-judicial confession made by Anil, and the circumstantial evidence. The court also held that Anil was the murderer, based on the extra-judicial confession made by Anil, the circumstantial evidence, and the application of Section 106 of the Evidence Act.
Final Decision: The court convicted Anil Shrawan More for the murder of his wife Suvarna and sentenced him to life imprisonment.
JUDGMENT
Ravindra V. Ghuge, J. - The appellant Anil Shrawan More seeks to challenge the Judgment and Order dated 06.06.2013 delivered by the learned Additional Sessions Judge, Dhule in Sessions Case No. 109 of 2012, vide which, he has been convicted for having committed the offence of murdering his wife. The order of conviction and awarding of sentence reads thus:
| "ORDER | |
| 1] Accused is convicted for the offence p/u/s 302 of I.P.C. | |
| 2] Accused is sentenced to suffer rigorous life imprisonment and to pay fine of Rs. 5000/- i/d to suffer R.I. for three months. | |
| 3] Muddemal property being worthless be destroyed, after the appeal period is over. | |
| 4] Accused is given set off for his custody period. | |
| 5] Dictated and pronounced in open Court. | |
| Date: 06-06-2013. | |
| Dhule. | Addl. Sessions Judge, Dhule." |
2. We have extensively heard the learned Advocate appointed to represent appellant - Anil who is in Jail and the learned APP, on 14.10.2020 and 15.10.2020. With their assistance, we have gone through the record and proceedings and testimonies of the witnesses, threadbare.
3. The appellant has relied upon the following Judgments:-
i] Smt. Gargi vs State of Haryana, (2019) 12 Scale 617
ii] Sahadevan & Anr. v. State of Tamil Nadu, (2012) AIR SC 2435
iii] Navaneethakrishnan v. State by Inspector of Police, (2018) AIR SC 2027
iv] Padala Veera Reddy v. State of Andhara Pradesh, (1990) AIR SC 79
v] State of Uttar Pradesh v. Singhara Singh and others, (1964) AIR SC 358
4. The learned APP has relied upon the following Judgments:-
i] Dayanand Changdeo Zende and others vs. State of Maharashtra, (2008) 1 MhLJ(Cri) 74
ii] Shivdas @ Betu s/o. Narayan Boddewar Vs. State of Maharashtra, (2007) AllMR(Cri) 3165
iii] Swamy Shraddananda (2)* ALIAS Murali Manohar Mishra Versus State of Karnataka, (2008) 13 SCC 767
iv] Sansar Chand v. State of Rajasthan, (2011) AIRSCW 372
v] Kashinath Krishna Jadhav vs State of Maharashtra, (1973) AIR SC 1219
vi] Mahadeo Ganpati Sutar and Anr. vs. State of Maharashtra, (2001) AllMR(Cri) 2274
vii] Mohammad Ismail Noormohammad vs. The State of Maharashtra decided by the Division Bench of the Principal Seat of this Court vide Judgment dtd. 23.01.2020.
5. The prosecution has succeeded in acquiring conviction of the appellant- Anil on the basis of its case as follows:
a] The informant Bhalchandra Jayram Pagare, Police Patil at village Shenpur, lodged a complaint on 13.03.2012 at 09:15 a.m., stating therein that Prakash Shrawan More, real elder brother of the appellant Anil, was working as a Saldar with a farm owner by name Ashok Govind Kakuste. His wife and his children reside together in one of the agricultural fields of Ashok. Anil had come to the house of Prakash in search of work and stayed with him along with his wife, a son and a daughter. He was given employment by Ashok in an adjacent field and Anil started residing in a small hut in the said field along with his wife and children. It was a one room hut which did not have a door.
b] On 13.03.2012, at about 07:00 a.m., when Bhalchandra reached the Gram Panchayat Office, Prakash and Ujjwal s/o Ashok Kakuste came on a motorcycle. Ujjwal informed Bhalchandra that Anil had killed his wife in between 01:00 to 01:30 a.m., on 13.03.2012. Bhalchandra therefore went to the spot of the incident along with Suresh Maharu Kakuste and Rajendra Babulal Kakuste. Prakash and Ujjwal were along with him.
c] At the spot of the incident, Bhalchandra found Anil seated outside his house on the otta (platform). Bhalchandra himself entered the house and saw the wife of the Anil, namely Suvarna, lying on the ground in a naked condition. She was dead. She had two to three injuries on her head and a few injuries on her body. She had bled from these injuries.
d] Bhalchandra inquired with Anil and Anil told him that he killed his wife because she
