The main legal point established in the judgment is the requirement for credible and reliable evidence to prove a charge beyond a reasonable doubt, as well as the importance of adhering to procedural requirements, such as conducting a test identification parade in accordance with legal norms.

JUDGMENT :

PRAKASH D. NAIK, J.

This appeal is preferred under Section 374 of Code of Criminal Procedure challenging the Judgment and order dated 25th June, 2013 passed by the learned Additional Sessions Judge, Gr. Bombay in Sessions Case No.39 of 2012 convicting the appellants for offence punishable under Section 302 r/w Section 34 of Indian Penal Code (for short “IPC”) and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/each.

2. The brief facts of the prosecution case which led to the trial are as follows :-

a) Complainant Smt. Aadilaxmi Sudhakar Reddy was residing with her husband deceased Sudhakar, two daughters and one son at Unit No.31, Ekta Vikas Mandal, Aarey Milk Colony, Slum, Goregaon, (E), Mumbai. Accused No.1 to 4 were also residing in the same area near the house of the complainant. The husband of complainant was dealing with transporting soil.

b) Accused were also dealing in similar business and there were strained relations between the accused and the complainant. In the month of September, 2011 there was quarrel between the complainant’s husband and accused No.2 to 4. Complaint was lodged against the accused at Aarey Police Station. In pursuant to that the accused changed their residence and there was no communication between complainant’s family and the accused.

c) The complainant was informed by her husband that the accused had hatched up a plan to kill him and given contract for Rs.8,00,000/-to kill him. Sudhakar was informed about the said fact by his friend. This fact was disclosed to the complainant by her husband two days prior to the incident in question. Accused No.4 had called his brother to kill her husband.

d) On 17th October, 2011, complainant’s husband left home at about 10.30 a.m. along with son to drop him to school. Within 10 to 15 minutes, their son came back running and informed the complainant that his father had sustained injuries on various parts of body. Clothes of her son were blood stained. The complainant immediately rushed to house of her sister. Both rushed towards the spot. However, on the way complainant was unconscious. On regaining consciousness her sister disclosed to her that accused No.1 to 4 assaulted her husband by sickle and the said incident had occurred at Adivasi Pada.

e) The complainant’s husband Sudhakar was removed to Bhagvati Hospital but he was declared dead. Thereafter, the complaint was lodged against the accused with Aarey Police Station. On the basis of report, offence was registered vide C.R. No. 127 of 2011 under Section 302 r/w Section 34 of IPC.

f) Investigation proceeded. Accused were arrested. Statements of witnesses were recorded. Weapons were recovered and on completing investigation, chargesheet was filed against the accused.

3. Charge was framed against the accused for offence punishable under Section 302 r/w 34 of IPC vide order dated 15th June, 2012.

4. In support of it’s case, prosecution examined 14 witnesses. PW1 Adilaxmi Sudhakar Reddy is the complainant. She is the wife of the deceased. PW2 Shantalaxmi Ayyangar Swami Reddy is the sister of complainant. PW3 Surekha Bhaskar Pujari is eye witness. PW4 Shaikh Najul Ismail Shaikh acted as panch on discovery Panchanama at the instance of accused No.2. PW5 Sukhdev Laxman Ahire acted as panch on memorandum statement of accused No.4. PW6 Janki Ravi Harijan is eye witness. PW7 Radhakrishna Kuruswami Reddiar acted as panch on memorandum statement of accused No.3. PW8 Rekha Rajiv Harchekar is Naib Tahsildar, who conducted test identification parade. PW9 Rajesh Arunachal acted as Panch on memorandum statement of accused No.1. PW10 Dr. S.M. Chavan is Medical Officer, who conducted postmortem on the dead body of the deceased. PW11 API Ashok Sukhdev Rahate is the Investigating Officer. PW12 Subhash Shankar Shinde acted as panch on panchanama regarding seizure of motorcycle. PW13 Ashok Pandurang Kadam is PSI, who conducted investigation and PW14 Mukund Balkrishna Zunzar is the Head Con