The court ruled that suspicion alone is insufficient for conviction; proof beyond reasonable doubt is required, which the prosecution failed to meet.

JUDGMENT :

R AJ D. WAKODE, J.

Both these appeals arise out of the judgment dated 04.10.2021 passed by the learned Sessions Judge, Buldana in Sessions Case No.83 of 2016. The appellants in both the present appeals were original accused No.1 and accused No.2 in First Information Report No.0134 of 2016 registered by the respondent – Police Station, Amdapur, District Buldana, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as, “the IPC ”).

2. Both the accused are convicted by the learned Sessions Court for the offence punishable under Section 302 read with Section 34 of the IPC and are sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/-, in-default to further undergo simple imprisonment of one year. Thus, both the present appeals are being decided by the common judgment.

3. The appellants herein were prosecuted and charged by the learned Sessions Court for committing murder of one Vinod @ Bablu Sadashiv Mahapure on 31.03.2016 between 01:00 and 01:30 hours in the premises of Cotton Market of Amdapur, Taluka Chikhli, District Buldana. The case of the prosecution was that deceased Vinod Sadashiv Mahapure was paid Rs.8 lakh by the appellant – Rahul Devidas Mahapure in Criminal Appeal No.456 of 2021 (hereinafter referred to as, “the accused No.1”) for selling the property. However, deceased Vinod did not execute the conveyance in favour of the accused No.1 and hence, the accused No.1 with the help of appellant – Vitthal Ramkisan Dhanwate (hereinafter referred to as, “the accused No.2”) in Criminal Appeal No.528 of 2021 committed the murder of Vinod Sadashiv Mahapure by hanging him.

4. The prosecution case was based upon the direct evidence i.e. on the basis of two eyewitnesses namely Gajanan Sonaji Chopade – PW-6 and Ravindra @ Amol Ambadas Pakhare – PW-10. These two eyewitnesses had deposed before the learned Sessions Court that they had seen the present appellants i.e. accused Nos.1 and 2 committing murder of deceased Vinod. The learned Sessions Court also held that the aforesaid evidence was supported by the medical evidence so also by the oral evidence of PW-5, Sima Vinod Mahapure, PW-7, Bharat Sugdeo Khandalkar, PW-8, Parmeshwar Madhukar Deulkar, PW-21, Milind Shivajirao Pathak and PW-22, Nishant Shankarrao Meshram and other witnesses. Thus, the learned Sessions Court has convicted the accused Nos.1 and 2 relying upon the aforesaid evidence and has sentenced them to suffer life imprisonment.

5. Being aggrieved by the aforesaid conviction and punishment, the accused Nos.1 and 2 have approached this Court assailing the impugned judgment dated 04.10.2021 passed by the learned Sessions Judge, Buldana in Sessions Case No.83 of 2016.

6. We have heard Shri. R. M. Daga, learned counsel for appellant in Criminal Appeal No.456 of 2021, Shri. Amit Kukday, learned counsel appointed for appellant in Criminal Appeal No.528 of 2021 and Shri. K. R. Lule, learned Additional Public Prosecutor for respondent/State in both the appeals.

7. We have gone through the evidence, the documents on record and the impugned judgment dated 04.10.2021. We will refer to the same to the extent if necessary to decide the following points arise for our consideration. We have recorded our findings thereon for the reasons to follow :

8. REASONS :

As to point Nos.(i) to (iii):

Deceased Vinod Sadashiv Mahapure was found hanging from the tree near Cotton Market Godown on 31.03.2016 at about 06:00 a.m. Accordingly, PW-1, Prashant Jagnnath Pathare, had lodged an oral report below Exhibit –