Cr.Apeal.1260-2004 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1260 OF 2004 Sunil Kondiram Veer ] Convict No.C/11894 ] presently lodged at Yerawada ] Central Prison, Pune. ] ...Appellant. Versus The State of Maharashtra ] ...Respondent. ------------- Mrs. Pranali Kakade for the Appellant. Mrs. Usha V. Kejriwal, A.P.P. For the State. Coram: D.B. Bhosale & M.L. Tahaliyani, JJ. Dated : September 15, 2011. Judgment (Per M.L. Tahaliyani, J.): Heard learned counsel for the parties. 2. The appellant-Sunil Veer feels aggrieved by the judgment and order dated 15.3.2001 passed by 6th Additional Sessions Judge, Pune in Sessions Case No.1142 of 2000. The appellant was tried for the offence punishable under Section 302 of I.P.C., and has been convicted 1 Cr.Apeal.1260-2004 by the impugned judgment and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for a period of three months. 3. The appellant had allegedly committed murder of his mother in his own house situated at village-Chakan, district-Pune on or about 16th or 17th of December, 1999. The appellant was staying with his mother deceased-Pushpalata (hereinafter referred to as ‘the deceased’) at village Chakan. Father of the appellant was no more. The appellant had two sisters viz. Vidya and Sandhya. Vidya was married and she was staying at Pune. Ms. Sandhya was staying with the appellant and the deceased at Chakan. However, she was tired of the conduct of her brother the appellant, and therefore, she had been staying with her relatives in the same village. It is alleged that the appellant had been torturing his mother constantly on account of non payment of money as per his demands. The appellant was diploma holder in Mechanical Engineering, and he wanted money to start his own work-shop. His mother was working and was earning sufficiently. He wanted his mother to give him the money to open his work-shop. Since his mother was reluctant to oblige the son, the appellant had allegedly been beating his mother-the deceased. 2 Cr.Apeal.1260-2004 4. The appellant got married in the year 1997. His wife Mrs. Savita was not staying with him as she was also fade up with the appellant due to his behaviour towards the deceased. On the date of the incident also wife of the appellant was at her parents’ place. 5. It is the prosecution case that Sandhya and Vidya both had visited their mother’s place on 16.12.1999, however, the house was found locked. The mother was not found at the place of her duty also. Vidya went back to Pune, and Sandhya went to the place of her relatives at Chakan where she was staying. They thought their mother might have gone to Pune, and therefore, they tried to get in touch with her at Pune. However, she was not found at Pune also. Ms. Vidya, therefore, informed the PW-3-Ms. Sushila on 17.12.1999 on telephone that the deceased was not seen at Pune. This information was conveyed to Sandhya, the daughter of the deceased, by the PW-3-Ms.Sushila. Thereafter both of them i.e. Sandhya and Sushila had gone to the house of the deceased to check whether she was available. The house was found locked. Suspecting some foul play, the daughter of the deceased and Ms. Sushila broke glass-pan of the kitchen window. They were shocked to see dead body of the deceased near the kitchen platform. There was bleeding from head of the deceased. The information spread in the village, and the villagers gathered at the spot. The police were given information of the 3 Cr.Apeal.1260-2004 incident. The police reached the spot and they had broken open the door of the house. The appellant was neither found in the house nor was he available in the village. The skull of the deceased was found broken and gas cylinder was found near the dead body of the deceased. The blood stains were found on the gas cylinder. The broken wrist watch without strap was also found near the dead body of the deceased. The wrist watch was identified by Sandhya to be belonging to her brother, the appellant- Sunil Veer. Therefore, it was suspected that the appellant must have committed murder of his mother. 6. The offence was registered at Chakan Police Station on the complaint made by Sandhya. After registration of the offence, an inquest panchnama was drawn and the investigation was handed over to P.S.I. Mr. Vijay Sing. The dead body of the deceased was sent for post-mortem examination at Primary Health Centre at Chakan. Dr. Sampat Kedari examined the dead body and had opined that the deceased had died due to haemorrhagic and neurogenic shock due to fatal trauma to brain with compound commutted fracture to skull with intracranial bleeding. During the course of spot panchanama, a towel soaked in blood, the broken wrist watch, and gas cylinder were sized by the Police. The clothes, which the deceased was wearing at the time of incident, were also seized. 4 Cr.Apeal.1260-2004 7. The appellant was arrested on 20.12.1999. His pant and shirt were also sized by the police. All the articles were sent to the Chemical Analyser for analysis. During the course of analysis, the Chemical Analyser had come to the conclusion that human blood was found on towel, gas cylinder, blouse, brassier, saree, and panties. Human blood stains were also found on full-shirt allegedly seized from the appellant. The blood on all the above stated articles was of ‘'A'’ group. Sample of blood of appellant was also sent for analysis. The blood group could not be determined as the blood was found haemolysed and not suitable for grouping. The investigator had come to the conclusion that since the blood stains on the clothes of the deceased were of ‘'A'’ group; the blood group of the deceased was also ‘'A'’. Since the blood stains on shirt of the appellant were also of ‘'A'’ group, it was concluded that the shirt of the appellant must have stained with blood during the course of alleged incident of murder. 8. On filing of charge-sheet, the case was committed to the Court of Sessions. Learned Sessions Judge had framed a charge under Section 302 of I.P.C. against the appellant. The charge was explained to the appellant. The appellant had pleaded not guilty and had claimed to be tried. His defence was of total denial. 5 Cr.Apeal.1260-2004 9. Learned trial court has concluded that the circumstances proved against the appellant were sufficient enough to come to the conclusion that it was the appellant who must have committed murder of his mother. 10. Before we examine the judgment of the trial court as to whether it is sustainable or otherwise, it will be just and proper to summarize the evidence of the prosecution witnesses. The prosecution has examined in all seven witnesses, in support of its case. PW-1 is a panch witness in whose presence the clothes of the appellant were recovered on the statement made by the appellant in custody of the police. The panchnama at Exh.12A and 12B was drawn in respect of the said discovery. The key of the lock, which was found on the main entrance of the house where the incident had occurred, was also recovered on the statement made by the appellant in presence of PW-1 while the appellant was in police custody. The panchanama in that regard is made at Exh.13A and 13B. PW-2 Miss. Sandhya Veer is the sister of the appellant. PW-3 Mrs. Sushila Kital is resident of village Chakan, who had received a telephonic message from Ms. Vidya that the deceased was not seen at Pune. PW-4 Mr. Dattatray Narayan Joshi is the bank officer who had stated that on the date of the incident the appellant had visited 6 Cr.Apeal.1260-2004 the bank and had presented withdrawal slip for withdrawal of the amount of Rs.40,000/- from his account. PW-5 is a resident of Chakan village who had gone to the appellant’s house on 16.12.1999 at about 1.30 p.m. and had handed over to the appellant an invitation card of the marriage of his daughter. PW-6 is the Medical Officer who had examined the dead body of the deceased and had come to the conclusion that the deceased had died due to haemorrhagic and neurogenic shock due to fatal trauma to brain with compound commutted fracture to skull with intracranial bleeding. PW-7 Jaysing Gaikwad is the Police Officer who had carried out investigation of the case. 11. The case is mainly based on the evidence of PW-2 Sandhya, PW-3 Sushila Kital, PW-4 Shri Dattattray Narayan Joshi, the bank officer, and PW-5 Shri Madhukar Lambhate who had given invitation card to the appellant on 16.12.1999. Learned trial court has believed the evidence of these witnesses and has also believed the seizure of the key and clothes by the Police on the basis of statement made by the appellant in police custody. So far as the clothes are concerned, since the blood group of the appellant was not determined, the blood stains found on the clothes may not be a strong piece of evidence, but, the fact remains that the finding of human blood on the clothes of the appellant itself was one of the circumstances against him. As regards seizure of the key of the 7 Cr.Apeal.1260-2004 lock, it may be stated here that the Police had not taken any steps during the course of investigation to examine whether the said key was applicable to the lock which was found over the premises in question. As such no much weight can be attached to the recovery of the key. There are few loose ends which have remained to be tied by the by the investigators. However, what the court is required to examine is whether despite such loose ends, rest of the prosecution evidence could be sufficient to sustain the charge. 12. As already stated by us, the case is mainly based on the evidence of Miss. Sandhya the daughter of the deceased, PW-3 Miss. Sushila Kital the resident of the same village, PW-4 Shri Dattatray Joshi, the bank officer and PW-5 Shri Madhukar Lambhate, who had given invitation card to the appellant. 13. At the outset it may be noted here that since the case is mainly based on the circumstantial evidence, the motive assumes great importance in the present case. It is abundantly clear from the evidence adduced by the prosecution that the appellant wanted to eliminate his mother to grab her money. The appellant needed money could be seen from the evidence of PW-4. This witness in his evidence stated that the appellant had visited the Bank of India, Chakan branch on 16.12.1999 8 Cr.Apeal.1260-2004 where this witness was working as Special Assistant. The appellant submitted a withdrawal slip of Rs.40,000/-. A token was given to him for collecting the cash from the cashier. The original withdrawal slip was produced in the court. A token no.704 was given to the appellant to collect the money. The said token, however, was never produced before the cashier, and therefore, it was shown as lost in the record of the bank. The cross-examination of this witness does not in any manner create a doubt about the correctness of the said fact. It can be seen from the evidence of the said witness that the appellant had gone to withdraw a sum of Rs.40,000/- from the account. However, most probably apprehending arrest by the police he did not wait at the bank and left the bank without collecting the money. He even did not bother to return the token. Evidence of the witness also establishes presence of the appellant at village-Chakan on 16.12.1999. 14. The appellant was also seen at his place where he was admittedly staying with his mother on 16.12.1999 by PW-5. The evidence of PW-5 has also remained uncontroverted. As such, it is established by the prosecution that around 1.30 p.m. of 16.12.1999, the appellant was at his house. 9 Cr.Apeal.1260-2004 15. The house of the deceased was visited by her daughters Sandhya and Vidya on 16.12.1999. This evidence is given by PW-2 Sandhya. The house was found locked. The deceased was not available either in the school or at her house. She was not seen at Pune also. Therefore, the glass pan of the kitchen window was broken by PW-2 and PW-3 on 17.12.1999. The dead body of the deceased was seen in the kitchen. As such the deceased was not seen from 1.30 p.m. of 16.12.1999 till her dead body was found on next day. The appellant was not seen from 1.30 p.m. of 16.12.1999 till he was arrested by the police. The evidence of PW Nos.2, 3 and 5 therefore clinches the whole issue and points accusing fingers towards the appellant only. We are of the view that the circumstance established by the prosecution against the appellant are totally consistent with the guilt of the appellant. We are unable to reach to any other hypothesis except the guilt of the appellant. Apart from the presence of the appellant in the house where he was staying along with the deceased on 16.12.1999 and finding dead body of the deceased on 17.12.1999 in the same house, another strong circumstance against the appellant is that he was absconding after the incident. We have gone through the statement of the appellant recorded by the learned trial court under Section 313 of Cr. P.C. and we do not find any explanation in the said statement regarding his absence from village after the afternoon of 16.12.1999. We do not find anything in the cross-examination of any 10 Cr.Apeal.1260-2004 witnesses to indicate that the appellant had attempted to explain his absence from his village. 16. Learned trial court has enumerated the circumstances on which it has relied upon to record the judgment of conviction against the appellant which are as under: (i) The appellant was in need of money, and therefore, he used to ill-treat and beat her mother the deceased; (ii) The appellant was residing with the deceased at the place where the dead body of the deceased was found; (iii) He was seen at the said place on 16.12.1999, and he had absconded on 16.12.1999 for which there is no explanation; (iv) The key was recovered at the instance of the appellant. The blood stained clothes of the appellant were also recovered at his instance. 17. Apart from these circumstances, the learned trial court has also recorded that the appellant has not given any explanation in his statement under Section 313 of Cr. P.C. for incriminating circumstances which has appeared in the evidence. Learned trial court has also recorded 11 Cr.Apeal.1260-2004 that there was no reason for PW-2 Miss Sandhya to give false statement against her own brother. We have noted that PW-2 Sandhya was also tired of the conduct of the appellant towards his mother-the deceased, and therefore, she had been staying with other relatives in the same village. It could be argued that this could be the reason that PW-2 Sandhya might have stated false. However, we do not see anything on the record to come to the conclusion that PW-2 was motivated because of this to give false evidence against her own brother. Similarly, there was no reason for PW-3 Sushila to give false evidence. PW-4 the bank officer was also not at all interested for or against the appellant. The cross-examination of PW-5 has also not brought anything on record to say that he had falsely stated that he had seen the appellant at his house on 16.12.1999 at about 1.30 p.m. 18. The Medical Officer has stated in his evidence that the deceased might have died about 25 to 30 hours before the time of post-mortem examination. The post-mortem examination was conducted on 17.12.1999. It is thus obvious from the evidence of PW-6 that the deceased died around the time when the appellant was seen at his place by PW-5 i.e. afternoon of 16.12.1999. As such all circumstances taken together lead us to only one conclusion that it was the appellant 12 Cr.Apeal.1260-2004 who is guilty of murder of his mother and none else. We, therefore, do not find any substance in the appeal. 19. Hence, the Criminal Appeal is dismissed. (M.L. TAHALIYANI, J.) ( D.B. BHOSALE, J.) 13