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IN THE HIGH COURT OF BOMBAY
Anuja Prabhu Dessai, N.R.Borkar, JJ.
Jitendrakumar Jogendra Shahu - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 551 of 2014
Decided On : 15-09-2023
CRIMINAL LAW - MURDER AND ROBBERY - IPC SECTIONS 302, 392, 394, 34 - The court discussed the provisions of Sections 302, 392, and 394 of the Indian Penal Code, which pertain to murder and robbery. The interpretation of these sections emphasized the necessity of establishing a clear link between the accused and the crime through reliable evidence. The court highlighted the importance of circumstantial evidence and the need for a complete chain of evidence to prove guilt beyond reasonable doubt. The lack of direct evidence connecting the accused to the stolen items led to the conclusion that the prosecution failed to meet its burden of proof.
Fact of the Case:
The appellants were convicted for the murder of 85-year-old Tabeta Fonseca and for robbery of her belongings. The prosecution's case was based on circumstantial evidence, including the recovery of stolen items following the accused's disclosure statements. The deceased was found dead in her flat, and the investigation revealed missing cash and jewelry.
Finding of the Court:
The court found that the prosecution's reliance on circumstantial evidence was insufficient to establish the guilt of the accused. The evidence presented did not conclusively link the recovered items to the deceased, and discrepancies in witness testimonies raised doubts about the reliability of the recovery process.
Issues: Whether the circumstantial evidence presented by the prosecution was sufficient to establish the guilt of the accused beyond reasonable doubt, and whether the recovered items could be conclusively linked to the deceased.
Ratio Decidendi: The court reiterated that in cases based on circumstantial evidence, the circumstances must be consistent only with the hypothesis of guilt and must exclude every other reasonable hypothesis. The prosecution failed to establish a direct connection between the accused and the crime, leading to the conclusion that the accused were entitled to the benefit of doubt.
Final Decision: The appeals were allowed, the judgment and order of the lower court were set aside, and the accused were acquitted of the charges under Sections 302 and 392 r/w 394 of the IPC.
JUDGMENT/ORDER
ANUJA PRABHUDESSAI, J. - This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, challenging the Judgment and Order dtd. 8/5/2014 passed by Learned Additional Sessions Judge, Mumbai in Sessions Case No.292 of 2012.
2. By the impugned Judgment, the learned Sessions Judge convicted and sentenced the appellants (hereinafter referred to as accused nos.1 and 2 respectively) for offence punishable under Sec. 302 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs.1000.00, in default rigorous imprisonment for six months. The accused are also held guilty of offence under Sec. 392 r/w. Sec. 394 r/w. 34 of the Indian Penal Code and sentenced to suffer 07 years rigorous imprisonment with fine of Rs.1000.00, in default rigorous imprisonment for six months.
3. The case of the prosecution in brief is that, the deceased - Tabeta Fonseca, aged about 85 years was residing alone in a ground floor flat of Fonseca Building, Dadar, Mumbai. On 8/9/2011, PW-1- Ruth Edward D'souza, the daughter of the deceased made several phone calls to her mother which went unanswered. Hence, on 9/9/2011 at about 9.00 a.m., she came to the house of the deceased, but found that the door and the windows were shut. There was no response from the deceased. PW-1 collected the spare key from the neighbor and opened the door. A foul smell was emanating from the room, and her mother was lying on the floor. The safe of the cupboard was open and cash and jewelry were missing. PW-1 called her cousin PW-2- Dr. Malcol Joseph, who examined the deceased and found her to be dead. PW-1 and PW-2 went to Matunga police station and reported the incident, pursuant to which, PW-8- Madhav Mahale, API registered ADR No.66 of 2011 under Sec. 174 of Cr.P.C.
4. PW-8 proceeded to the place of the incident and conducted inquest panchanama (Exhibit 11). He recorded the statement of PW-1- Ruth and registered crime No.388 of 2011 for offences punishable under Ss. 302, 394, 397 of Indian Penal Code against an unknown person. The body of the deceased was sent to Sion Hospital for post-mortem. The post-mortem report revealed that the death was due to "Asphyxia following compression over face associated with neck compression and blunt trauma over head."
5. Further investigation was taken over by PW-9 - PI Shridhar Sawant. It is the case of the prosecution that the accused no.1, who was running a PCO booth in the same locality, was absconding. PW-9 suspected that the accused no.1 was involved in committing the said crime. He contacted accused no.1 through his father and learnt that accused no.1 had been to his native place at Orissa to attend a fair. PW-9 sent a special investigation team to Orissa to trace the accused no.1. PW-10- API Laxman Kamble, who was heading the special investigation team went to Orissa and contacted the local police. He learnt that the accused no.1 had purchased a LIC Policy for the premium of Rs.11, 351.00 per annum. He collected a copy of the said policy and handed over the same to the investigating officer (PW-9).
6. Both the accused were called to the police station for interrogation. They were placed under arrest on 16/11/2011 under arrest panchanama at Exhibit 51 and 37. It is the case of prosecution that in the course of interrogation, the accused no.1 disclosed that he had melted the stolen gold ornaments with the help of one goldsmith at Jajpur, Orissa and sold the gold ingots to another jeweler at Jajpur, Orissa. The disclosure statement made by the accused no.1 was recorded in presence of panchas. The accused no.1 directed them to Shalimar Refineries at Jajpur i.e. the place where he had melted the gold ornaments. PW-5 Sandip Nikam, the owner of the said shop confirmed that he had melted the gold ornaments and handed over to the accused no.1 gold ingots weighing 23.80 grams and 8 grams. PW-5 handed over to the police two fake rings given to him by the accused. The said rings and the
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
In criminal cases based on circumstantial evidence, the prosecution must prove guilt beyond reasonable doubt, and any reasonable doubt must benefit the accused.
The necessity for the prosecution to prove guilt beyond reasonable doubt in cases relying on circumstantial evidence, and the importance of establishing a clear connection between the accused and the....
Mere recovery based on disclosure statements is inadequate to establish guilt; additional evidence linking recovered items to the crime is necessary.
The judgment emphasizes the requirement for a complete chain of evidence in cases based on circumstantial evidence, the inadmissibility of confessions, and the need to connect recovered material obje....
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
The prosecution must establish a complete chain of circumstantial evidence for conviction; failure to prove the last seen theory and inconsistencies in witness testimonies led to the acquittal.
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