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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.K.Jadhav, Sandipkumar C.More, JJ.
Pappu – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 564 of 2014
Decided On : 06-04-2022
Sachin Deshmukh, Advocate, S.S.Dande, Advocate, S.J.Salunke, Advocate
The main legal point established in the judgment is the requirement of direct evidence to establish the involvement of the accused in a crime, leading to the acquittal of one accused and the confirmation of the conviction of another.
Headnote:
Homicide - Indian Penal Code - Sec. 302, 201 r/w 34 - [Sec. 302, 201] - The judgment and order of conviction dtd. 2/8/2014 passed by the learned Additional Sessions Judge, Kopargaon in Sessions Case No.64 of 2012 convicted the appellant/accused no.1 Pappu @ Santosh Dinkar Shete and accused no.2 Kiran Appasaheb Shete for the offence punishable under sec. 302 of the Indian Penal Code and sentenced them to suffer life imprisonment and to pay fne of Rs. 50,000.00 each, in default to suffer two years simple imprisonment, however, acquitted both of them for the offence punishable under sec. 201 of Indian Penal Code.
Fact of the Case:
The incident occurred on 15/3/2012. The prosecution case is that the appellants/accused and absconding accused obstructed the motorcycle of the deceased Viresh Singar and PW 2 Babasaheb Thakre, leading to a physical altercation resulting in the death of Viresh Singar. The defense claimed that the deceased was involved in illegal sand business and was falsely implicated.
Finding of the Court:
The court found the appellant/accused Pappu @ Santosh Dinkar Shete not guilty due to lack of evidence of his direct involvement in the crime. The court confirmed the conviction of the appellant/accused Kiran Appasaheb Shete for the offence punishable under sec. 302 of Indian Penal Code.
Issues: The main issue was the involvement of the accused in the homicide of Viresh Singar and the obstruction of the motorcycle.
Ratio Decidendi: The court found that the evidence did not establish the direct involvement of the appellant/accused Pappu @ Santosh Dinkar Shete in the crime, leading to his acquittal. The court confirmed the conviction of the appellant/accused Kiran Appasaheb Shete based on the evidence presented.
Final Decision: The appeal of Pappu @ Santosh Dinkar Shete was allowed, and he was acquitted of all charges. The appeal of Kiran Appasaheb Shete was dismissed, and his conviction and sentence were confirmed.
JUDGMENT
V.K.JADHAV, J. - Both these criminal appeals are directed against the judgment and order of conviction dtd. 2/8/2014 passed by the learned Additional Sessions Judge, Kopargaon in Sessions Case No.64 of 2012.
2. Prosecution case, in brief, is as under :- a] The incident had occurred on 15/3/2012. On that day, at about 7.30 p.m. PW 2 Babasaheb Murlidhar Thakre was chatting with his friends at Bhojde Chowki. At about 9.10 p.m. he has received a call from one Suresh Gire informing him that one Mukund Singar was stabbed and was admitted in Phadke Hospital, Kopargaon. Accordingly, PW 2 Babasaheb Thakre with deceased Viresh Singar on one motorcycle, PW 3 Suresh Gire and Satish Shete started on one motorcycle and PW 4 Sham Chavan and Ranjit Dhanad has started on another motorcycle towards the said hospital. PW 2 Babasaheb Thakre was driving the said motorcycle and deceased Viresh Singar was the pillion rider. They were proceeding from Sanvatsar to Kopargaon road from Bhojde Chowki. There is a bus stand at Sanvatsar. The appellants/accused and absconding accused Ravi Shete had tried to obstruct their motorcycle at the bus stand. However, they were proceeded further on their respective motorcycles. On way, before the Sanvatsar Choufuli (chowk), in front of the Government Hospital, Viresh Singar informed to PW 2 Babasaheb that absconding accused Ravi Shete and appellants/accused both were following them on one motorcycle. Accordingly, PW 2 Babasaheb had turned the motorcycle towards Mahanubhav Ashram instead of proceeding towards the Choufuli. However, while taking turn he saw behind by turning his head that absconding accused Ravi Shete and the appellant/accused Kiran Shete were holding Katti (big knife) and the appellant/accused Pappu was driving the said motorcycle. They were on one motorcycle. There is one Palkhi road before Mahanubhav Ashram which proceeds towards the Sanvatsar village. PW 2 Babasaheb took his motorcycle from the said road. The said road was in ascending order and thus the speed of the motorcycle was reduced. Meanwhile, somebody from those three accused persons threw the Katti on the person of PW 2 Babasaheb and deceased Viresh. Said Katti hit to the backside wheel of their motorcycle. In consequence of which, motorcycle fallen down on the road. There are two roads at the said spot. One is proceeding towards the village and another is proceeding towards the river from Mahanubhav Ashram. PW 2 Babasaheb ran towards the river road and Viresh ran towards the village road. In the meantime, deceased Viresh was caught by the absconding accused Ravi Shete and both the appellants/accused. PW-2 Babasaheb has hidden himself in the bushes ahead of the road on height. He has witnessed the entire incident from the said place. The appellant/accused Kiran Shete and absconding accused Ravi Shete had extended the beating to deceased Viresh Singar with Katti. He was beaten behind his ear, back and below the arms with Katti. Thus, deceased Viresh Singar had fallen down. Then, absconding accused Ravi Shete had picked up a stone and thrown it on the head of Viresh. On the basis of the complaint Exhibit 56 lodged by PW 2 Babasaheb Thakre, crime No.72 of 2012 for the offence punishable under sec. 302, 34 of the Indian Penal Code came to be registered in the police station, Kopargaon. Hence, these two appeals.
b] PW 10 P.I. Madhukar Aute had drawn the inquest panchnama Exhibit 41 of the deceased at Civil Hospital, Kopargaon in the morning in presence of two panchas. He had sent the dead body of the deceased Viresh @ Banti for postmortem examination. He has thereafter went to the spot and carried out the spot panchnama exhibit 47 in presence of two panchas. He had seized simple soil, blood mixed soil, motorcycle of deceased Viresh @ Banti, two stones having blood stains, scarf (Uparne) of deceased Banti, stick of Babhul tree with blood stains and iron big knife (Katti). He has also seized clothes of the deceased by drawing the panchn
