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2023 Supreme(Bom) 2234
IN THE HIGH COURT OF BOMBAY
Vibha Kankanwadi, Abhay S. Waghwase, JJ.
Rahul - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 353 of 2016, Criminal Application No. 3912 of 2022
Decided On : 12-06-2023
Govind Kulkarni, Advocate, A.V.Deshmukh, Advocate, Nilesh S.Ghanekar, Advocate
IMPORTANT POINT
The judgment established that the prosecution must provide cogent and unimpeachable evidence to secure a conviction in criminal cases, and any reasonable doubt must be resolved in favor of the accused.
Headnote:
MURDER - Homicide and Grievous Hurt - Indian Penal Code Sections 302, 326, 34 - The court discussed the provisions of Sections 302 and 326 of the Indian Penal Code, which pertain to punishment for murder and causing grievous hurt, respectively. The interpretation of these sections emphasized the necessity of establishing the identity of the assailants and the reliability of witness testimonies. The court found significant inconsistencies and doubts in the prosecution's case, leading to the conclusion that the evidence did not support the conviction of the accused.
Fact of the Case:
The appellants, accused Nos. 1 and 2, were convicted for the murder of Yeshwant Mohite and causing grievous hurt to Pandurang Markad. The prosecution alleged that the accused, motivated by a love affair involving accused No. 4, assaulted Yeshwant after a car collision. The case relied on witness testimonies and circumstantial evidence, including a first information report (FIR) and postmortem findings.
Finding of the Court:
The court found that the prosecution's case was riddled with inconsistencies, unreliable witness testimonies, and lack of corroborative evidence. The testimonies of key witnesses, particularly the informant Pandurang, were deemed not credible, leading to doubts about the identity of the assailants. The court concluded that the prosecution failed to prove the case beyond a reasonable doubt.
Issues: The primary issues included the credibility of witness testimonies, the reliability of the FIR, the identification of the accused, and whether the prosecution had established the guilt of the accused beyond a reasonable doubt.
Ratio Decidendi: The court emphasized that in criminal cases, the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. Any doubts arising from the evidence must benefit the accused. The court found that the prosecution's evidence was insufficient and unreliable, leading to the acquittal of the accused.
Final Decision: Both Criminal Appeals were allowed, the conviction of the appellants was set aside, and they were acquitted of all charges under Sections 302 and 326 of the Indian Penal Code.
JUDGMENT/ORDER
VIBHA KANKANWADI, J. - Both these appeals are filed by original accused Nos. 1 and 2 challenging their conviction in Sessions Case No.39 of 2012 by the learned Additional Sessions Judge, Beed on 12/5/2016 after holding them guilty of committing offence under Sec. 302, 326 read with Sec. 34 of the Indian Penal Code.
2. It is the prosecution story that an information was received by Neknoor Police Station that the person was murdered and his dead body was lying in Kacharwadi Ghat. Therefore, police inspector Dinkar Damble, PW-21 went to the spot. He prepared inquest panchnama as well as spot panchnama. One motorcycle bearing No. MH-U-5909, one Samsung mobile, pair of sleeper, were seized from the spot along with the blood stained soil as well as plain soil. Dead body was sent for postmortem. The call details in respect of the mobile were taken and during the investigation it was revealed that the said mobile belongs to deceased Yeshwant Mohite. In the said mobile there were some objectionable photographs of deceased Yeshwant with accused No.4. Accused No.4 is the wife of accused No.1. The said incident had taken place on 22/12/2011.
3. It is the further prosecution story that it was then revealed that one Pandurang Markad was along with the deceased Yeshwant. He was admitted in Civil Hospital, Beed as injuries were received by him. Till 11.00 p.m. on that day i.e. 22/12/2011, he was in the Civil Hospital, however, thereafter he was shifted to Dr. Bembde Hospital, Aurangbad, where he was admitted for about seven days. When he was in Civil Hospital, Beed, at that time his statement was recorded by police and it has been treated as First information Report (for short "FIR"). In the said FIR, he had given names of the accused assailants as - 1) Gajanan Sajgane, 2) Sakharam Mohite, 3) Krishna Mohite and 4) Sunil Mohite, and two unknown persons. On the basis of said statement, the offence vide Crime No.149 of 2011 came to be registered and investigation was started. Thereafter supplementary statement of Pandurang has been recorded on 7/1/2012 and in the said supplementary statement he told that the persons whose names he had disclosed in the FIR were not the assailants but, Rahul Gokul Shinde, Ashok Shahadeo Shinde, Nilesh Raosaheb Pawar were the assailants and therefore, those persons came to be named as accused. Accused No.1 came to be arrested on 24/12/2011 and accused No.4 came to be arrested on 25/12/2011. Accused Nos. 2 and 3 came to be arrested on 26/12/2011. In the meantime panchnama of the spot came to be executed and the statements of the witnesses were recorded. After the arrest of accused persons, weapon came to be seized under the discovery panchnama and identification parade has been held. Some electronic evidence also tried to be collected and the prosecution came with the story that there was love affair between the deceased and accused No.4, prior to her marriage with accused No.1. Even after the marriage the relationship continued and accused No.4 used to meet deceased, therefore, with the common intention accused No.4 had called the deceased to meet her at village Vaidyakini. When the motorcycle of deceased was in Kacharwadi Ghat, at that time a white Vista car came from behind and gave dash to the motorcycle. As a result of which Pandurang literally got jumped and fell on the road towards left side and deceased Yeshwant, who was driving the motorcycle, was dragged by car at a distance. Thereafter the accused persons got down from the car, went towards the deceased and assaulted him by sword. Injured Pandurang had tried to go towards the deceased but he was assaulted and therefore in order to rescue himself, he jumped into the valley and went down. However, while going down he had seen towards the deceased and found that the accused were assaulting him. After he went down to the valley, he gave phone call to Shivaji Mohite, who is the uncle of the deceased and informed him about the incident. He had also
