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2024 Supreme(Bom) 775
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
G. A. SANAP, J.
Parvati @ Shushila Shankar Madavi – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal (Appeal) No. 340 of 2022
Decided on : 30-08-2024
Advocate Appeared:
For the Appellant :Mr. H. P. Lingayat, Advocate
For the Respondent: Mr H. S. Dhande, APP
IMPORTANT POINT
The judgment underscores the importance of credible evidence and proper identification in criminal proceedings, particularly in cases involving serious charges.
Headnote:
Acquittal - Criminal Appeal - IPC Sections 307, 353, 148, 149 - The court found insufficient evidence to support the conviction, highlighting the lack of credible identification and the absence of physical evidence from the crime scene.
Fact of the Case:
The appellant was convicted for offenses related to an anti-naxal operation where police were fired upon by naxalites. The prosecution claimed the appellant was involved, but evidence was primarily from police witnesses who had not seen her prior to the incident.
Finding of the Court:
The court found the prosecution's evidence insufficient, noting the absence of physical evidence from the scene and the lack of a test identification parade, leading to doubts about the appellant's involvement.
Issues: Whether the evidence presented by the prosecution was sufficient to establish the appellant's guilt beyond a reasonable doubt.
Ratio Decidendi: The court emphasized the necessity of credible evidence and proper identification procedures, concluding that the prosecution failed to meet the burden of proof required for conviction.
Result: The appeal is allowed, and the appellant is acquitted of all charges.
JUDGMENT :
1. In this appeal, the challenge is to the judgment and order, dated 16.02.2021, passed by the learned Additional Sessions Judge, Gadchiroli, whereby the learned Judge convicted the accused for the offences punishable under Sections 307, 353, 148 read with Section 149 of the Indian Penal Code (for short ‘the IPC’) and sentenced her to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer rigorous imprisonment for three months for the offence punishable under Section 307 read with Section 149 of the IPC, further sentenced her to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer rigorous imprisonment for one month for the offence punishable under Section 353 read with Section 149 of the IPC and she is further sentence to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer rigorous imprisonment for one month for the offence punishable under Section 148 of the IPC.
2. The facts are as follows:
PW-1 API Amol Nanasaheb Phadtare, is the informant. He lodged the report on 20.05.2019 at the Police Help Center, Kothi. The case of the prosecution, which can be gathered from the report and other record, is that PW-1 was attached to the Special Task Force, Anti Naxal at Pranhita, Aheri. PW-3 PSI Nilesh Chavan and PW-5 Police Naik Ganpat Soyam were attached to Pranhita. PW-4 PSI Vasudeo Madavi was attached to Kothi Police Help Center. It is stated that on 20.05.2019, they were doing Anti Naxal drive at Koparshi Forest Area. The team consisted of 60 police personnel. They undertook the search operation at Koparshi Forest area. At that time, suddenly there was a firing upon them by the naxalites. They were in a dens forest. They took shelter of the trees and took account of the situation. They were satisfied that it was an act by the naxalites. The naxalites were shouting and giving commands to their members. The police team appealed to the naxalites to surrender. The naxalites, instead of surrendering, continued indiscriminate firing. The police party also started control firing in defence. The firing conducted for 15-20 minutes. On account of the increasing pressure of the police party, the naxalites ran away in the forest. The police team took the search of the spot. They found one pressure cooker, one detonator, wires and blasting material. They brought the material to the police Help Center, Kothi. It was seized.
3. PW-1 lodged the report of the incident at the Police Help Center, Kothi. On the basis of this report, the crime bearing No. 22 of 2019 was registered against the naxalites. PW-8 PSI Raghunath Shinde carried out the investigation. He drew the spot panchanama. He seized the articles. PW-9 PSI Yogesh Bodhgire arrested the accused in this crime on 11.01.2020. The accused was already arrested in Laheri Crime No. 8 of 2017. On the date of the arrest, she was in judicial custody. PW-8 on completion of the investigation, filed the charge-sheet against the known and unknown accused. The appellant/accused was the only accused arrested in this crime and therefore, she was put on trial. The absconding accused, in the crime, have not yet been arrested.
4. Learned Judge framed the charge against the appellant. The appellant pleaded not guilty and claimed to be tried. Her defence is of total denial and false implication. The prosecution in order to prove the charge against the appellant examined nine witnesses. Learned Judge, on consideration of the evidence, convicted and sentenced the appellant as above. The appellant is, therefore, before this Court by way of this appeal.
5. I have heard learned Advocate Mr H. P. Lingayat for the appellant and learned APP Ms H. S. Dhande for the State. Perused the record and proceedings.
6. Learned Advocate for the appellant submitted that the evidence adduced by the prosecution is not sufficient to prove the
