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2025 Supreme(Bom) 1687

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE, JJ.
Manojsingh Panjabsingh Bhada - Appellant
Vs.
State of Maharashtra - Respondent
Criminal Appeal No.833 of 2019
Decided On : 17-10-2025

Advocates:
Advocate Appeared:
For the Appellant : Shri Amol Hunge
For the Respondent: Mrs.Shamsi Haider, Additional Public Prosecutor

The court emphasized that direct and circumstantial evidence can establish guilt beyond a reasonable doubt, particularly when eyewitness accounts, along with credible medical evidence, corroborate the prosecution's claims.

Headnote:(A) IPC - Sections 302 and 499 - Conviction for triple murder - Appellant sentenced to life imprisonment for murder of father and two others; sentences included fines - Court examined direct and circumstantial evidence including eyewitness accounts and medical reports confirming cause and method of deaths. (Paras 2, 10, 79)

(B) Evidence - Reliability of child witness - Witness statements corroborated by medical testimony; child witness's evidence deemed credible with no significant grounds for doubt raised against it - Conviction upheld based on comprehensive evidential support. (Paras 46, 79)

Facts of the case:
The appellant was charged with murdering his father and two others due to familial disputes, entangled with an illicit relationship and resulting quarrels - Evidence led to conclude guilt beyond a reasonable doubt. (Paras 3, 10)

Findings of Court:
Conviction of the appellant was confirmed based on circumstantial evidence, medical reports detailing trauma consistent with the cause of deaths, and eyewitness accounts establishing direct involvement. (Paras 79, 85)

Issues: The primary issues revolved around the credibility of eyewitness accounts, especially regarding the identification of the accused during the night, the evidential value of medical testimony concerning the injuries, and the reliability of child witnesses. (Paras 12, 42, 46)

Ratio Decidendi: The court reasoned that the evidence thoroughly corroborated the prosecution claims; testimonies from eyewitnesses alongside the medical evidence made a compelling case against the accused, ultimately dispelling doubts regarding their reliability in identifying the accused despite nighttime conditions. (Paras 79, 84)

Result: Appeal dismissed; conviction upheld.

Table of Content
1. appeal against conviction for murder. (Para 1 , 2)
2. overview of prosecution's case. (Para 3 , 4 , 5)
3. defendant's arguments against evidence. (Para 11 , 12 , 13 , 42)
4. prosecution's evidence presented. (Para 14)
5. court's validation of medical evidence. (Para 15 , 21 , 24)
6. standards of guilt in criminal cases. (Para 81 , 84)
7. conclusion and dismissal of appeal. (Para 85 , 86 , 87)

JUDGMENT :

( Per : Urmila Joshi-Phalke)

1. By this appeal, the appellant (accused) has challenged judgment and order dated 16.5.2019 passed by learned Additional Sessions Judge-3, Amravati (learned Judge of the trial court), in Sessions Trial No.93/2015.

2. By the said judgment impugned in the appeal, the accused is convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life for each murder and to pay fine Rs.1000/-, in default, to undergo further imprisonment for one month.

He is also convicted for offence punishable under Section 499 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay fine Rs.500/-, in default, to undergo simple imprisonment for 15 days.

3. Facts of the prosecution case in a nutshell are as under:

The accused is charged for committal of murder of three persons namely Panjabsingh Gulabsingh Bhada, who is father of the accused; Anjura Rameshwar Uike; and Gopal Birju Uikey. On 24.1.2015, Rajeshsingh Panjabsingh Bhada lodged a complaint at Benoda Police Station that the accused is his brother and deceased Panjabsingh is his father. They are residing at Bargaon, taluka Warud, district Amravati. In the said locality, another deceased Anjura Uikey was also residing along with her two children. There was illicit relationship between said deceased Anjura and the accused since last many days. Upon the said fact being known to deceased Panjabsingh, there used to be disputes between them and deceased Panjabsingh often used to give understanding to the accused. However, he did not pay any heed towards his father and used to quarrel with him. On 22.1.2015, his father deceased Panjabsingh disclosed to the informant that there was quarrel between deceased Anjura and the accused. On 23.1.2015, after taking meal, he went to sleep at about 8:00 pm. At about 11:30 pm to 12:00 am, he heard gun fire shot from a gun. Upon hearing the same, he and his wife Gagan came outside of the house whereat he saw his sister Savita Kour crying and the accused was coming out of the house holding a “Bharmar Gun” in his hand and, therefore, he rushed to the house of deceased Panjabsingh and found deceased Panjabsingh in a pool of blood. At the relevant time, deceased Savita, residing in the same locality, came to his house and informed that his brother has killed deceased Anjura and her brother deceased Gopal. Thereafter, he went to the place of incident and saw deceased Anjura and deceased Gopal lying in a pool of blood. Thus, his brother the accused has killed his father deceased Panjabsingh as his father often used to scold him as there was illicit relationship between the accused and deceased Anjura and due to the said reason, in a fit of anger, the accused murdered his father deceased Panjabsingh by means of gun shot and also committed murders of deceased Anjura and deceased Gopal by means of knife suspecting character of deceased Anjura as deceased Anjura and deceased Gopal were seen together in the house.

4. On the basis of the said report, the crime came to be registered at Benoda Police Station vide Crime No.5/2015.

5. After registration of the crime, wheels of investigation started rotating. During the investigation, the investigating officer visited spot of the incident i.e. residential premises of deceased Panjabsingh as well as deceased Anjura and drawn spot panchanamas. He has also drawn inquest panchanamas on three dead bodies and, thereafter, dead bodies were sent for postmortem examination. From both the spots, he collected simple soil, blood stained soil,

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