2022 Supreme(Bom) 273
SADHANA S.JADHAV, SARANG V.KOTWAL
Asif Nasir Khan – Appellant
Versus
State of Maharashtra – Respondent
Advocates:
Advocate Appeared:
For the Appellants : Ms. Keral Mehta, Niranjan Mundargi.
For the Respondent: Ms. Veera Shinde.
Judgement Key Points
Based on the legal document provided, here are the key points:
- The Appellant, Asif Nasir Khan, was convicted of murder under Section 302 of the IPC and sentenced to life imprisonment in Sessions Case No. 430/1995, though he and his co-accused were acquitted of the charge under Section 201 read with 34 of IPC. (!)
- The prosecution case alleged that the Appellant murdered Prakash Pardeshi on 5.6.1995 using a sharp weapon and nunchaku, and the body was thrown into a quarry. (!)
- The dead body was found in a stone quarry near Alandi Road on 7.6.1995 by police patil Balasaheb Kand. (!)
- The deceased's widow, PW-4 Saira Pardeshi, deposed that the Appellant owed money to the deceased and that the deceased left with the Appellant on the morning of 5.6.1995, but she had significant omissions in her police statement regarding this claim. (!) (!)
- Several witnesses produced by the prosecution, including autorickshaw owner PW-1 and panchas PW-2, PW-5, PW-10, PW-13, and PW-14, turned hostile or failed to provide consistent details. (!)
- The postmortem report by Dr. Shrikant Chandekar indicated the death occurred 48 to 72 hours before the examination, but the cause of death was reserved and the exact time was not clinched. (!)
- The Chemical Analysis (C.A.) report found no blood on the autorickshaw or nunchaku, making the recovery of these items innocuous, although human blood was found on the Appellant's clothes without a determined blood group match. (!) (!)
- A pillow found with the dead body matched one seized from a flat shown by the Appellant, but the recovery was doubtful as no items were seized from that flat during the initial visit on 14.6.1995 when the Appellant guided the police. (!) (!)
- The alleged murder weapon (knife) was not recovered despite an attempt to search for it in the Mutha river at the instance of the Appellant. (!)
- The court held that the "last seen together" theory was weak because the prosecution failed to prove beyond reasonable doubt that the deceased left with the Appellant, citing the Supreme Court judgment in Kanhaiya Lal vs. State of Rajasthan. (!) (!)
- The motive was not properly proved as the cheques were not seized during investigation and handwriting verification was not conducted. (!)
- Ultimately, the court concluded that the prosecution had not established a complete chain of circumstances proving the Appellant's guilt beyond reasonable doubt. (!) (!)
- The Criminal Appeal was allowed, the conviction and sentence were set aside, and the Appellant was acquitted of all charges. (!)
JUDGMENT :
SARANG V. KOTWAL, J.
1. The Appellant was the Accused No. 1 in Sessions Case No. 430/1995 before the Additional Sessions Judge, Pune. Vide judgment and order dated 30.10.1998, the learned trial Judge convicted the Appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs. 5,000/- and in default to suffer R.I. for one year. The Appellant as well as his co-accused were acquitted from the charge of commission of offence punishable under Section 201 read with 34 of IPC. The Appellant was given set off under Section 428 of Cr.P.C.
2. Heard Ms. Keral Mehta, learned counsel for the Appellant and Ms. Veera Shinde, learned APP for the State.
3. As per the charge framed, according to the prosecution case, on 5.6.1995 between 9.30 a.m. to 10.00 a.m. the Appellant committed murder of Pappu @ Prakash Pardeshi in the flat of Josphin Shinde on Senapati Bapat Road, Pune by using a sharp weapon and nunchaku. The dead body was covered by cloth and was carried in an autorickshaw towards Lonikand and it was thrown in a quarry with the help of accused No. 2 Zakir Shaikh.
4. PW-15 Balasaheb Kand w
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