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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ROHIT B. DEO, URMILA JOSHI-PHALKE, JJ.
Dinesh @ Dadu Shishupal Hajare – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal Nos. 487, 525, 528 of 2018
Decided On : 21-06-2023
The accused were convicted for murder and sentenced to life imprisonment. The prosecution relied on the testimony of eyewitnesses, forensic evidence, and corroborative material to establish the guilt of the accused. The defense challenged the identification of the accused, the admissibility of the test identification parade report, and the reliability of the forensic evidence. The court analyzed the evidence and found that the identification of the accused was reliable, the test identification parade report was admissible, and the forensic evidence corroborated the testimony of the eyewitnesses. The court concluded that the prosecution had proven the guilt of the accused beyond a reasonable doubt and upheld the convictions.
Fact of the Case:
The deceased Shubham was brutally assaulted with knife, spear and boulder which led to instantaneous death. Pawan telephonically informed the police which arrived at the spot within ten to fifteen minutes. Pawan disclosed the entire incident to the police. After the police conducted the preliminary investigation on the spot, Pawan went to the police station and lodged oral report which was reduced to writing (Exhibit 37). On the basis of report lodged by Pawan, offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, Section 135 of the Maharashtra Police Act and Sections 4 and 25 of the Indian Arms Act was registered at Ajni Police Station, Nagpur.
Finding of the Court:
The court found that the prosecution had proven the guilt of the accused beyond a reasonable doubt. The court relied on the testimony of the eyewitnesses, the forensic evidence, and the corroborative material to establish the guilt of the accused. The court found that the identification of the accused was reliable, the test identification parade report was admissible, and the forensic evidence corroborated the testimony of the eyewitnesses.
Issues: 1. Whether the identification of the accused was reliable? 2. Whether the test identification parade report was admissible? 3. Whether the forensic evidence corroborated the testimony of the eyewitnesses?
Ratio Decidendi: 1. The court found that the identification of the accused was reliable based on the following factors: a) The eyewitnesses had known the accused prior to the incident. b) The eyewitnesses had a clear view of the accused during the incident. c) The eyewitnesses were consistent in their identification of the accused. d) There was no evidence of any motive for the eyewitnesses to falsely identify the accused. 2. The court found that the test identification parade report was admissible based on the following factors: a) The test identification parade was conducted in accordance with the provisions of the Criminal Manual. b) The panchas were independent and respectable persons. c) The accused were not prejudiced by the test identification parade. 3. The court found that the forensic evidence corroborated the testimony of the eyewitnesses based on the following factors: a) The bloodstains on the clothes of the accused matched the blood of the deceased. b) The weapons seized from the accused were consistent with the injuries sustained by the deceased.
Final Decision: The court dismissed the appeal and upheld the convictions of the accused.
JUDGMENT :
ROHIT B. DEO, J.
1. These appeals assail the judgment of conviction dated 19-7-2018 rendered by the learned Additional Sessions Judge-2, Nagpur (LSJ) in Sessions Trial 275/2015 whereby Dineshappellant in Criminal Appeal 487/2018, Pritam-appellant in Criminal Appeal 528/2018 and Amit-appellant in Criminal Appeal 525/2018 are convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for life, and to payment of fine of Rs.75,000/-(Rupees Seventy Five Thousand), and in default to suffer further rigorous imprisonment for two years, and are further convicted for offence punishable under Section 135 of the Maharashtra Police Act and are sentenced to suffer rigorous imprisonment for one year, and to payment of fine of Rs.2,000/- (Rupees Two Thousand), and in default to suffer further rigorous imprisonment for two months.
2. THE PROSECUTION CASE:
(2) Pawan telephonically informed the police which arrived at the spot within ten to fifteen minutes. Pawan disclosed the entire incident to the police. After the police conducted the preliminary investigation on the spot, Pawan went to the police station and lodged oral report which was reduced to writing (Exhibit 37).
(3) On the basis of report lodged by Pawan, offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, Section 135 of the Maharashtra Police Act and Sections 4 and 25 of the Indian Arms Act was registered at Ajni Police Station, Nagpur.
(4) Investigation proceeded on the usual lines. The body was sent to the Government Medical College and Hospital, Nagpur (GMC) for autopsy. Sample of plain and blood mixed soil was collected. Five pieces of cement stones stained with blood and one blood stained knife along with bunch of hair was seized from the spot. The seized articles were sealed in presence of panchas. The spot-cum-seizure panchanama was prepared in presence of panchas (Exhibit 51). The inquest panchanama was recorded at the GMC.
(5) PW 11-Prataprao Bhosale, API collected the blood samples of the accused and sent the samples in sealed condition to the Chemical Analyzer. PW 11 also sent the seized weapons and the pieces of cement stones to Medical Officer, GMC for opinion which was received vide Exhibit 58.
(6) The investigation was handed over to Police Inspector Sandipan Pawar (PW 14) on 24-3-2015. PW 14 recorded the statements of witnesses on 24-3-2015. Accused Dinesh and Pritam were apprehended between 3.00 p.m. and 3.30 p.m. on 24-3-2015. The personal search of the said accused was taken in presence of panchas. From accused Dinesh, T-shirt, full pant, pair of chappal and one mobile phone were seized. The clothes and chappals were blood stained. The seized articles were sealed in presence of panchas. From accused Pritam, blood stained pair of sandal and one mobile phone was seized. The articles were seized in presence of panchas. Accused Dinesh and Pritam were arrested an
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
(1) Evidence cannot be disbelieved merely on the ground that witnesses are related to each other or to deceased.(2) Plea of alibi has to be weighed against positive evidence led by prosecution.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
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