important point
When a case rests upon circumstantial evidence such evidence must satisfy certain tests.

judgment

Lokeshwar Singh Panta, J. —

1.The appellant has filed this appeal against the judgment and order dated July 26, 2005 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code [for short ‘the IPC’] and fine of Rs. 500/- with default clause to undergo R.I. for six months awarded by the IVth Additional Sessions Judge, Jalgaon, in Sessions Case No. 48/1995.

2.Brief facts, which led to the trial of the accused, are as follows:-

In the year 1994, appellant Arun Bhanudas Pawar was residing in Room No. 12, Ravi Building, Gendalal Mills, Jalgaon. Prahlad P.W. 1 and Narayana-P.W.4 were working as Watchmen at Government ITI College, Jalgaon during the relevant time. On 26.7.1994 at about 22.00 hrs., when P.Ws.- Prahlad and Narayana were taking night round of the College premises, P.W.-Prahlad heard some noise near a nallah below a tree. He lighted torch and noticed 3-4 persons running away from that place. P.W.-Prahlad then went near the spot and found one person lying on the ground in an injured condition. The injured person was having bleeding injuries on his abdomen. On enquiry, the injured person told his name Raju Sonwane. Injured Raju allegedly told P.W.-Prahlad that on account of some previous enmity he was assaulted by his relative Arun Bhanudas Pawar and his two associates namely, Walmik and delinquent juvenile Vilas. P.W.-Prahlad then called P.W.Narayana, Watchmen, and Popat P.W.5 - Peon to the spot and asked them to inform about the incident to the police at Zilla Peth Police Station. Accordingly, a complaint (Ex. 39) came to be lodged by P.W.-Prahlad at Police Station. The police reached at the scene of occurrence and took injured Raju Sonwane to the Civil Hospital, Jalgaon. Dr. Nitin P.W.9 examined injured Raju and found the following injuries on his person:-

(i)incised wound of size 1’ X <‘ on his abdomen on right side;

(ii)incised wound of similar size on the left side of the abdomen; and

(iii)incised wound on the middle of abdomen at lower region of size =’ X =’.

The third injury reported to be grievous in nature was deep upto peritoneal region. The injured Raju was subjected to operation by Dr. Nitin.

3.P.S.I., Kulat P.W.15 conducted the investigation of the crime. On 27.07.1994, the Investigating Officer prepared spot panchnama (Ex.22) in the presence of Yashwant - P.W.3. A pair of slippers and blood stained soil were collected from the spot. Some police constables informed Sundarbai P.W.12, mother of injured Raju that her son had been admitted in an injured condition in the Civil Hospital at Jalgaon. P.W.-Sundarbai proceeded to the Civil Hospital, Jalgaon, where she noticed her son Raju lying on the bed in unconscious condition. It was alleged that after some time, Raju regained consciousness and disclosed to P.W.-Sundarbai the name of the appellant who assaulted him with a knife. Raju further informed his mother that Vilas and Walmik had caught him. P.S.I. Kulat reached at the Civil Hospital and noticed that Raju was lying on the bed in an unconscious condition. He issued letter of request to the Executive Magistrate calling the latter to reach at the hospital immediately for recording the statement of injured Raju. The Medical Officer opined in writing that injured Raju was not in a fit condition to give his statement.

4.On 28.07.1994, Arun, Vilas and Walmik were arrested by the police. On the same day, accused Arun allegedly made a disclosure statement to the police expressing his willingness to point out the place where the weapon of offence and clothes were concealed by him. Arun took the police and the panch witness to Room No. 12, Ravi Building, Gendalal Mills, and produced one dagger and white coloured jean trouser and ash coloured shirt from the iron cupboard. The articles were seized vide panchnama (Ex. 54). On 31.07.1994, injured Raju unfortunately