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2020 Supreme(Bom) 1359
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SADHANA S. JADHAV, N.J. JAMADAR, JJ.
Rajendra Eknath Apugade & Another –Appellant
Versus
The State of Maharashtra & Another - Respondent
Criminal Appeal No. 113 of 1996
Decided On : 06-10-2020
For the Appellants :Prosper D’souza, Appointed Advocate.
For the Respondents: M.H. Mhatre, APP.
The evidence of discoveries, when constituting the core of the prosecution's case, must be reliable and conclusive to sustain a finding of guilt beyond reasonable doubt.
Headnote:
Discovery - Criminal Law - Indian Penal Code, 1860, Section 27 - The evidence of discoveries is fraught with insurmountable infirmities and constitutes a weak kind of evidence and is not worthy of sustaining a finding of guilt on its own.
Fact of the Case:
The deceased, a horticulturist and former Sarpanch, went missing on his way to the vegetable market. His body was later found buried in a field, with injuries indicating a homicidal death. The accused were convicted based on circumstantial evidence, including discoveries made by them.
Finding of the Court:
The court found that the evidence of discoveries was not reliable and did not lead to the only inference that the accused had committed the murder and caused disappearance of evidence. The delay in lodging the report, lack of credible motive, and infirmities in the evidence of discoveries raised doubts about the guilt of the accused.
Issues: The main issue was the reliability of the evidence of discoveries and whether it was sufficient to establish the guilt of the accused beyond reasonable doubt.
Ratio Decidendi: The evidence of discoveries, being the core of the prosecution's case, was found to be fraught with insurmountable infirmities and not worthy of sustaining a finding of guilt on its own.
Final Decision: The appeal was allowed, the order of conviction and sentence was quashed, and the accused were acquitted of all charges.
JUDGMENT :
N.J. Jamadar, J.
1. This appeal is directed against the judgment and order dated 3rd February 1996 passed by the learned Additional Sessions Judge, Sangli in Sessions Case No.61 of 1995, whereby and whereunder the appellants Rajendra and Arjun (original accused Nos.1 and 2) came to be convicted for the offences punishable under sections 302 and 201 read with 34 of the Indian Penal Code, 1860 (‘the Penal Code’) and sentenced to suffer imprisonment for life and pay fine of Rs.10,000/- each, on the first count, and rigorous imprisonment for five years and fine of Rs.2,000/- each, on the second count, with default stipulation for having committed murder of Shankar Govind Katkar (‘the deceased’) and caused disappearance of evidence of the offence with intention to screen themselves from legal punishment.
2. The background facts leading to this appeal can be stated in brief as under:-
(a) The deceased Shankar Govind Katkar was the husband of Rajjakka, the first informant. They were residing at Village Falakewadi, Taluka : Walva, District Sangli. The deceased was an horticulturist. The routine of the deceased was to collect the vegetables by the evening and sell the same on the next morning in the vegetable market at Sangli. The gunny bags containing vegetables were dispatched daily in a tempo.
(b) The deceased was actively involved in politics. The deceased was the Sarpanch of the Villagepanchayat Falakewadi for a period of eight years. Eknath Gunda Apugade, the accused No.3 led the rival political group. In the Villagepanchayat elections held in 1992-93, the Panel led by accused No.3-Eknath Apugade was elected. Thus, there was political rivalry.
(c) On the morning of 31st October 1994 at about 5:00 a.m., as usual, the tempo came to the house of the deceased for transporting vegetables. The deceased and the first informant loaded the bags of coriander. Balasaheb Ramchandra Apugade (P.W.7), another horticulturist, was travelling in the said tempo with his vegetables. The deceased informed Balasaheb Ramchandra Apugade (P.W.7) to proceed ahead and he would follow them on his M-80 moped. After few minutes, the deceased left the house on M-80 moped on his way to Sangli via Falakewadi-Nagaon road.
(d) Usually the deceased used to return home after selling the vegetables by 9:00 a.m. On 31st October 1994, the deceased did not return home. At about 7:00 p.m., Balasaheb Ramchandra Apugade (P.W.7) came to the house of the deceased and informed the first informant that the deceased had not come to the vegetable market at Sangli and thus he had sold the bundles of coriander, and tendered the sale proceeds and the empty gunny bags to the first informant. Thereupon, the first informant, Ramchandra Govind Katkar (P.W.6), the brother of the deceased, and others did search for the deceased in the nearby villages and the places which the deceased was expected to visit. Despite search, the whereabouts of the deceased could not be known. Hence, on 1st November 1994, Ramchandra Govind Katkar (P.W.6) lodged missing report (Exh.35) at Ashta Police Station.
(e) On the vary day, Ramchandra Katkar (P.W.6) claimed to have noticed blood stains on Falakewadi-Nagaon road and apprised the police about the same. The panchnama at the said spot came to be drawn and the samples of blood-mixed and plain earth were collected thereunder.
(f) The prosecution claimed that inquiry into the missing report of the deceased was underway. The police interrogated several persons. The whereabouts of the deceased, however, could not be located. On 8th December 1994, Rajjakka, the first informant, lodged the first information report (Exh.41). In the F.I.R., the first informant alleged that there was a long standing political feud between the deceased and Eknath Gunda Apugade, accused No.3 and his associates. In addition, the maternal aunt of the first informant Sou. Shantabai Sakharam Apugade had purchased an agricultural land from Shamrao Ghadage. In the said transaction, the d
