Case: Vishwanath Shankar Beldar Vs. State of Maharashtra

2. The appellant and three others were tried for various offences including an offence under Section 302, I.P.C. by the learned additional Sessions Judge at Jalgaon. The appellant was convicted under Section 302 as well as under Section 307, I.P.C. For the former offence, he was sentenced to suffer imprisonment for life and the latter, 7 years rigorous imprisonment. The two sentences were ordered to run concurrently. The appellant appealed to the High Court of Bombay against his convictions. His appeal was summarily dismissed.

Reasoning:
5. It is seen from the judgment of the Trial Court that Ramchandra Punjabis name did not find a place in the two reports sent by the police officers. According to the prosecution, Ramchandra Punjabi was present when the appellant was caught and produced before the police Patel, but the police Patel in his report, Exh. 7, did not mention that fact. Some time later, the appellant was handed over to the head constable Kulkarani. Thereafter he sent his report, Exh. 47. Even in that report, the name of Ramchandra Punjabi does not find a place. These circumstances again required consideration. The Trial Court had not accepted the evidence of Ramchandra Punjabi in certain important aspects. The evidence given by him so far as it goes against accused Nos.does not receive support from the statement given by him under Section 162, Cr. P.C. and hence the learned trial Judge rejected the same. This means the trial Judge did not accept him as a wholly truthful witness. In fact, he remarked that a portion of his evidence was clearly an improvement. Under these circumstances, it was necessary for the High Court to consider his evidence afresh.6. Now coming to Dipa Lahu, as mentioned earlier he is admittedly a close associate of the deceased. He was one of the persons who had sustained injuries at the time of the occurrence. A dying declaration from him had been recorded, Exh. 37. The facts stated by him in his dying declaration do not tally with the evidence given by him in the Court. There are material contradictions between the two versions. They were noticed by the Trial Court. Therefore, his evidence also required a fresh consideration at the hands of the High Court. It may also be mentioned at this stage that Dipa Lahu was a questioned by the I.O. immediately after the occurrence. His questioning took place after considerable delay. No explanation has been given for the same.