Case: Praful Sudhakar Parab Vs. State of Maharashtra

both, the victim Prabhudas Narayan Raut and accused Praful Sudhakar Parab were working in the police Department of the State of Maharashtra. The victim was working as Senior Clerk in Police Training School Marol whereas the accused was working as Pay Sheet Clerk attached to LA-IV, Police Training Centre, Marol. On 7.12.1996, the victim after finishing his office work at 6:30 p.m. reached at his residence by 7:30 p.m. The accused came at the residence of victim at about 8:00 p.m. and informed the victim that he has been called in the office by his superior Mr. Patil and victim should accompany him to the office. The victim after making a phone call to PTS Marol stated that he has not been called in the office and he shall not accompany the accused. When the accused came to the residence of victim, the wife of the victim Kalpana Raut and his son Anis were also present. Victim also told his wife that he will inquire on Monday as to who had given such a false message. At about 9 p.m., the victim and Kalpana went to nearby telephone booth and while Kalpana was having conversations with his brother, accused after enquiring about the whereabouts of the couple from child Anis again came to them at the telephone booth. Accused persuaded Prabhudas to accompany him to the office. After telephonic call was over, Kalpana along with victim and accused returned to the house of victim. The victim took up the bag brought from office with all its contents and left the house along with accused after 9:00 p.m. After above departure from house on 7.12.1996 after 9 p.m. Prabhudas never returned. On next day morning Kalpana, the wife inquired from telephone operator PTS, Marol about her husband. She was informed that nobody had gone to the office of Police Training School, Marol on the preceding night. Kalpana along with a relative visited the Police Training School, Marol and made enquiries. Police Constables Sanap and Khamkar, who were colleagues of the deceased suggested Kalpana that she would find out the person with whom her husband had gone last night. Kalpana approached Sawant who was maternal uncle of the victim. Sawant took the Kalpana to his sister i.e. mother of accused, accused was not present there. Kalpana was handed over photograph of accused by his mother from which photograph Kalpana identified the accused as the person with whom her husband went last night. Subsequently on the same day, Sawant family informed that accused is available at their residence. Kalpana went to Sawant family and inquired the accused regarding whereabouts of her husband. Accused gave evasive reply. Accused flatly refused that he had gone to house of Raut on previous night. The accused was taken to the Police Station Meghwadi by Kalpana Raut and her relatives. Kalpana met Police Sub Inspector Shinde who recorded the statement of Kalpana Raut and a complaint of missing person Prabhudas Raut was registered. The accused was asked to stay back at the Police Station. Shinde inquired from the accused about the whereabouts of victim, accused was reluctant to answer. On further inquiry by Shinde and Inspector Sonar, accused informed that he took Prabhudas Raut with two other friends Dalvi and Waingankar at Panvel in one hotel. Police team took the accused to Panvel who pointed out a Suman Motel. On inquiry from the hotel staff it was revealed that Prabhudas and other two did not visit the hotel or stayed there. The prosecution case further is that on further interrogation of accused in the morning of 9.12.1996, the accused confessed the murder of Prabhudas Raut and expressed his willingness to show the place he had committed murder and show the dead body. The police party was led by the accused to the place of occurrence where the dead body was seen in the search light pushed inside a big water pipe. Police party decided to carry on Panchanama in sun light after putting two constables to guard the place. The first information report was registered and thereafter again at 8:00 a.m. Police party along with the accused went on the scene in the presence of two Panch, a Panchanama was prepared Exh.-24, certain articles including one big stone left near the body of the deceased , three button of shirts of blue colour and a rexine bag were recovered. The body bore the mark of injury. Face of the deceased was totally battered and injuries were on his head.3. Accused further expressed his willingness to show the clothes which he was wearing at the time of occurrence. Accused led the police party to the house of his parents from where the clothes worn by the accused were recovered. Panchnama Exh.-35 was prepared in the presence of a witness. Subsequently, accused further led the police party to PTS, Marol where the bunch of keys he alleged to have taken out from the pocket of the deceased were kept. The police party along with Panch went to the PTS, Marol where in the Guardroom under the Stand for keeping the rifles, a bag containing the bunch of keys was found and memo Exh.-30 and Panchanama Exh.- 30A were prepared.4. Accused was put on trial. Prosecution examined 21 witnesses and has filed various documentary evidence. The statement of accused under Section 313 Cr.P.C. was recorded. Defence did not examine any witness in support of defence case. Learned Sessions Judge convicted the accused relying on the circumstantial evidence after holding that there is no eye witness of the scene nor confessional statements of the accused can be treated to be a confession. Sessions Judge, however, believed the evidence of PW-8 Kalpana Raut and PW-11 Anish Raut son of victim that it was accused who was last seen with the victim and with whom victim went out on 7.12.1996 after 9 p.m. The chain of events clearly pointed out that it was accused who committed murder. With regard to offence under Section 364, it was held by the Sessions Judge that the said charge does not survive. On appeal against the judgment of the Sessions Judge, the High Court affirmed the conviction and dismissed the appeal. The High Court however, relied on the statement of PW-8 in holding that it was accused who was last seen with the victim. However, High Court decided not to base its finding on the child witness i.e. PW-11. The evidence of Kalpana was elaborately noted and sequence of events and chain of events found support from other evidence on record including the evidence of PW-15 Shanta Ram Sawant and the independent witnesses as well as the statement of Inspector Sonar and Sub Inspector Shinde. The High Court after considering all the evidence on record dismissed the appeal affirming the conviction of the accused.5. This appeal has been filed by the appellant (hereinafter referred to as accused) through amicus curiae.

Reasoning: The present is not a case of solitary evidence of last seen together but sufficient evidence was led to complete the chain of events and link the accused to the crime. The High Court after elaborately considering all the evidence on record has rightly dismissed the appeal filed by the accused.