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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Rajesh S. Patil, Vibha Kankanwadi, JJ.
Arjun s/o Gajanan Datir - Appellant
Vs.
The State of Maharashtra - Respondent
Criminal Appeal No. 183 Of 2015
Decided On : 07-09-2022
Criminal Law - Murder - Indian Penal Code Sections 302, 309
Fact of the Case:
The appellant was convicted for the murder of his wife and attempted suicide. The prosecution's case relied on circumstantial evidence, including witness testimonies and forensic reports. The appellant's son, a key witness, provided details of the events leading up to the discovery of the deceased's body. The appellant's statement to the police, admitting to the murder and suicide attempt, was a crucial piece of evidence.
Finding of the Court:
The court found that the death of the deceased was homicidal in nature, based on medical evidence and witness testimonies. The circumstantial evidence, including blood stains on the appellant's clothes matching the deceased's blood group, pointed to the appellant's guilt. The court also considered the appellant's conduct, including his admission to the police, as evidence against him.
Issues: The key issues included the admissibility of the appellant's statement to the police, the presence of motive, and the sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
Ratio Decidendi: The court emphasized that in cases of circumstantial evidence, the totality of circumstances should unerringly point to the guilt of the accused. The absence of a clear motive does not undermine the prosecution's case if the circumstantial evidence is strong and consistent with the guilt of the accused.
Final Decision: The court upheld the appellant's conviction, concluding that the prosecution had proven the guilt of the accused beyond reasonable doubt. The appeal was dismissed.
JUDGEMENT :
Vibha Kankanwadi, J.
1. Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.
2. Present appeal has been filed by the original accused, who has been convicted for committing offence punishable under Sections 302 and 309 of Indian Penal Code by learned Additional Sessions Judge, Sangamner on 06.03.2014 in Sessions Case No.64 of 2012.
3. The prosecution story in the nutshell is that one Tanaji Keru Kadam, who was the Police Patil of village Pimpri Louki, Ajampur, Tq. Sangamner, Dist. Ahmednagar gave report with Sangamner Police Station on 19.08.2012 stating that around 5.00 a.m. on the same date, two villagers from his village i.e. Karbhari Ganpat Lawre and Jayram Lahanu Datir went to his house. They told that a boy by name Sunil Arjun Datir told them that his mother Latabai is sleeping in the Veranda (Padvi) of the house, she is not waking up and blood has oozed out of her head. Tanaji along with other two persons had gone to the house of Sunil and saw that Latabai was dead. She had sustained injury to her head and, therefore, on the basis of the said information A.D. under Section 174 of the Code of Criminal Procedure came to be registered. Inquest panchanama was carried out and the dead body was sent for postmortem. The spot panchanama was also carried out. It is the further prosecution story that Medical Officer, Rural Hospital, Sangamner gave MLC on 22.08.2012 stating that person by name Arjun Gajanan Datir (husband of deceased Latabai) was admitted to the said hospital and he is in a position to give statement and, therefore, his statement be recorded. Thereafter, A.S.I. Madhukar Dadar went to hospital and recorded the statement of Arjun Datir. On the basis of the said statement, offence under Sections 302, 309 of Indian Penal Code was registered vide Crime No.137 of 2012. In the said statement, it was disclosed that when Arjun was along with his wife Latabai in the house around 10.00 p.m. on 18.08.2012, they had quarrel on account of character of Latabai and then Latabai had abused. Then when Latabai went asleep around 11.30 p.m., Arjun had picked up pickaxe and assaulted on her head. After killing his wife, he had consumed poison which was used for killing ticks. Even after consuming that poison, he went to village Aashvi by foot and then started vomiting. In the said village, he slept on a raised platform, but in the morning, he boarded a bus from Aashvi to Sangamner and from Sangamner Taluka Police Station where he had gone, he was referred to Rural Hospital, Sangamner for medical treatment.
4. After the registration of the offence further investigation was taken up. Statements of witnesses were recorded. The accused discovered his clothes. The clothes of the deceased, accused and other muddemal seized from the spot were sent for the chemical analysis. In the meantime, accused was arrested and after the completion of the investigation, charge-sheet was filed. After the committal of the case to the Court of Sessions, prosecution has examined in all 10 witnesses to bring home the guilt of the accused. After the evidence, statement of the accused under Section 313 of the Code of Criminal Procedure and hearing of both sides, learned Additional Sessions Judge, Sangamner has held the accused appellant guilty of committing offence punishable under Sections 302 and 309 of Indian Penal Code. He has been sentenced thus :-
2. Accused has been convicted for the offence punishable under Section 309 of Indian Penal Code and thereby sentenced to suffer simple imprisonment for one year and to pay fine of Rs.1,000/-, in default, to suffer further simple imprisonment for three months.
5. Heard learned Advocate Mr. N. C. Garud for the appellant and learned AP
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