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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ROHIT B. DEO, URMILA JOSHI-PHALKE, JJ.
Naresh Shriram Uikey – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 240 of 2021
Decided On : 16-06-2023
Indian Penal Code - Conviction under Section 302 - Section 341 - Section 428 - The judgment discusses the evidence and circumstances surrounding the assault and subsequent death of the deceased. It highlights the reliance on the sole eyewitness, medical evidence, and corroborative circumstances to establish the guilt of the accused. The court also emphasizes the applicability of Section 27 of the Indian Evidence Act in the recovery of the weapon. The judgment confirms the conviction and sentence of the accused.
Fact of the Case:
The appellant challenges the judgment and order of conviction and sentence dated 10.12.2020, where the trial court convicted the accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life. The case revolves around the assault and subsequent death of the deceased, with the prosecution relying on the evidence of eyewitnesses, medical reports, and circumstantial evidence.
Finding of the Court:
The court found the evidence of the sole eyewitness to be credible and reliable, corroborated by circumstantial evidence and medical reports. It emphasized the applicability of Section 27 of the Indian Evidence Act in the recovery of the weapon. The court concluded that the prosecution had proved its case beyond reasonable doubt, and there was no perversity in the findings of the trial court.
Issues: The issues revolved around the credibility of the eyewitness testimony, the admissibility of medical evidence, and the applicability of Section 27 of the Indian Evidence Act in the recovery of the weapon.
Ratio Decidendi: The court relied on the principle that a person can be convicted on the sole testimony of a single witness if found wholly reliable, and emphasized the importance of corroborative evidence. It also highlighted the applicability of Section 27 of the Indian Evidence Act in confirming the veracity of the information provided by the accused leading to the recovery of the weapon.
Final Decision: The criminal appeal was dismissed, and the judgment and order of conviction and sentence dated 10.12.2020 were confirmed. The record and proceedings were to be sent back to the trial court, and the fees of the defense counsel were to be paid to the High Court Bar Association at Nagpur.
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. The appellant (the accused) challenges judgment and order of conviction and sentence dated 10.12.2020 rendered by learned Additional Sessions Judge, Gadchiroli in Sessions Case No. 3/2020 whereby the trial court convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.5000/- and in default of payment of the fine amount to suffer further rigorous imprisonment for three months.
The trial court also convicted the accused for offence punishable under Section 341 of the Indian Penal Code and sentenced him to suffer simple imprisonment for one month and to pay fine Rs.500/- and in default of payment of the fine amount to suffer further simple imprisonment for five days.
The trial court also given the accused set-off under Section 428 of the Code of Criminal Procedure since he was in jail.
2. Facts necessary for disposal of the appeal in a nutshell are as under:
3. After registration of the crime, the investigating officer has visited the alleged spot of the incident and drawn spot panchanama, inquest panchanama. During investigation, the accused was arrested and his blood stained clothes were seized by drawing panchanama. The accused made a memorandum statement that he will show the place where the alleged weapon of the offence is concealed and led them towards the spot. The weapon was discovered at the instance of the accused. The medical officer has handed over the blood stained clothes of the deceased. All the incriminating articles are forwarded the Chemical Analyzer. After completion of the investigation, the chargesheet was submitted against the accused.
4. As the offence punishable under Section 302 of the Indian Penal Code was exclusively triable by the Court of Sessions, learned Magistrate has committed the case to the court of sessions. Learned Additional Sessions Judge framed the charge against the accused vide Exhibit-3. The accused pleaded not guilty and claimed to be tried.
5. To substantiate the charge, the prosecution examined in all 11 witnesses, as follows:
PW2 Tanuji Raoji Uikey, Exhibit-17, the informant.
PW3 Manoj Alam, Exhibit-20, pancha on spot.
PW4 Sanjay Meshram, Exhibit-23, pancha on inquest.
PW5 Arun Uikey, Exhibit-30, the son of the deceased.
PW6 Bhagyoday Barsagade, Exhibit-32, pancha on memorandum statement and discovery panchanama.
PW7 Sashil Ghodeswar, Exhibit-36, pancha on clothes seizure of the accused.
PW8 Dr.Kamlesh Paraswani, Exhibit-38.
PW9 Umesh Neware, Exhibit-44, carrier.
PW10 Minakshi Todase, Exhibit-47, WPC, who taken the dead body for postmortem.
PW11 Sudhakar Dede, Exhibit-49, the investigating officer.
6. Besides oral evidence, the prosecution placed reliance on the Chemical Analyzer’s Report Exhibits-14 to 16, report by the informant Exhibit-18, format of FIR Exhibit-19, spot panchanama Exhibit-21, crime details form Exhibit-22, inquest panchanama Exhibit-24, memorandum statement and discovery panchanama Exhibit-33, personal search panchanama of the accused Exhibit-
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The judgment establishes the principle that the nature of the assault, the use of a deadly weapon, and absence of provocation indicate the intention to commit murder under Section 302 of the Indian P....
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