The judgment emphasizes the need for strong, reliable, and trustworthy evidence in cases of grave offenses, highlighting the importance of establishing a cogent motive and the necessity of circumstantial evidence being consistent only with the hypothesis of the accused's guilt.

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Judgment and order of conviction dated 18-07-2018 passed by the learned Sessions Judge, Dhule in Sessions Case No.124 of 2015 is hereby assailed by the convict Ganesh, thereby questioning legality, maintainability, sustainability of the judgment and praying to set aside the same.

STORY OF PROSECUTION IN BRIEF

2. PW3 Gaikwad, Police Patil of village Kundane passed information to Dhule Taluka Police Station on telephone regarding dead body lying in abandoned condition on Dahyane road. On receipt of said information, Police visited the spot, prepared inquest and referred dead body for post mortem. Initially AD was registered. According to prosecution, as body was of unknown person, at the time of inquest, his body search was taken and some documents including medical papers were found, on the basis of which identity of deceased was got confirmed. Deceased was found to be Sunil Lakade and on enquiry with his brother Santosh, Police got a clue that there was dispute between appellant and deceased and regarding previous assault on deceased, crime was registered against appellant. In that backdrop, it is the story of the prosecution that, appellant had approached deceased on 14-08-2015 for compromising the matter and accordingly, deceased was taken to the Court but there deceased put up conditions which angered appellant and thereby he was taken, assaulted and his body was finally disposed of at a remote place which was finally spotted by Police Patil and then Police came in picture.

3. PW1 More, Police Head Constable lodged report resulting into registration of AD. However, after investigation by this witness and Police Officer Munde (PI), it was revealed that it was a case of murder. Accordingly, this witness lodged FIR and forwarded to PW12 Wadnere, who registered crime no.164 of 2015 for the offence under Sections 302, 201 r/w 34 of the IPC.

Further investigation was carried out by PW20 Jadhav (Dy.S.P.), who on conclusion of investigation, chargesheeted two accused i.e. present appellant Ganesh and one Punamchand Raghunath Patil and they both were tried by the learned Sessions Judge, who on appreciation of evidence, reached to conclusion that prosecution failed to prove guilt against accused no.2 Punamchand, but held accused no.1 i.e. present appellant guilty for offence under Sections 302 and 201 of the IPC consequently awarded punishment of imprisonment for life vide judgment dated 18-07-2018, which is now challenged before us by filing instant appeal.

4. In the trial Court, prosecution has examined in all 20 witnesses and also sought reliance on documentary evidence like FIR, inquest panchanama, post mortem, seizure panchanama, CA report etc. Defence denied to lead any evidence and chose to remain silent.

5. As appeal has been preferred invoking Section 374 of the Code of Criminal Procedure, we are called upon to re-appreciate, re-examine and re-analyze entire evidence adduced by prosecution in the trial Court and we accordingly undertook said exercise.

EVIDENCE ON BEHALF OF PROSECUTION IN TRIAL COURT

In support of its case, prosecution has adduced evidence of in all 20 witness. Their status is as under :

PW1 Rajendra Vishwasrao More is Police Head Constable who made enquiry of the AD registered initially in the present case. His evidence is at Exh.29. PW2 Narendra Madhav Upasani is Naib Tahsildar. He conducted test identification parade and prepared its panchanama Exh.38. His evidence is at Exh.34.

PW3 Dayanand Motiram Gaikwad is Police Patil of Kundane village. His evidence is at Exh.44.

PW4 Subhash Babaji Karne is pancha to seizure of clothes of deceased Sunil.

His evidence is at Exh.45.

PW5 Dr.Kapileshwar Maganlal Chaudhari is Autopsy Doctor who conducted post mortem on dead body. His evidence is at Exh.48.

PW6 Prashant Satish Kakade is Pancha to spot panchanama Exh.51 and seizure panchanama of soil with and without blood and cement bricks. His evidence is at Exh.50.

PW7 Kishor Ramdas Khairnar is Pancha