Shantabai & Ors vs State Of Maharashtra

3. Briefly stated, the case of the prosecution against the accused persons was that A-1, A-2 and A-3 are residents of village Loni and A-4 and A-5 are residents of village Shilvani. A-1 is the wife of A-2 and A-3 is their son. A-5 is daughter of A-1 and A-2 and A-4 is the husband of A-5. Gunwant Nivrati Dhumale was the brother of complainant Tanaji Nivrati Dhumale. Gunwant Nivrati Dhumale had been living with his brothers, namely, Tanaji (PW-1); Shivaji; his parents; his wife Mathurabai (PW-4), and two daughters and one son. The prosecution alleged that Gunwant had illicit relations with A-1 since last so many years and this fact was known to all the village people. Gunwant occasionally used to reside in the house of A-1, A-2 and A-3. A-1 requested Gunwant to stop visiting her house because her daughter (A-5) has now been married to Venkar (A-4) and her son (A-3) has also become major, but Gunwant continued to visit the house of A-1.

4. On the day of the incident, i.e. on 14.08.1993, Gunwant left his house in the morning and did not return till late evening. Mathurabai (PW-4), wife of Gunwant, informed her parents-in-law about this fact. They asked PW-1 to make search for Gunwant. PW-1 made inquiry about his brother's whereabouts from Namdev (PW-5) at about 6.00 p.m., who at the relevant time was working as a servant in Flour Mill near the bus stand. PW-5 informed PW-1 that he saw A-1, A-2 and A-3 along with A-5 hurriedly going towards the Bus Stand. Thereafter, PW-1 and some other village people went to the house of A-1. They found the doors of the house lying open and the house was empty. They noticed the dead body of Gunwant lying just in the compound of the house of A-1, A-2 and A-3. On visual examination of the dead body of Gunwant, PW-1 and other village people noticed head injury and many other injuries on various parts of his body. On 15.08.1993, PW-1 lodged the report on the basis of which first information report (Ext.38) was registered by the Police Head Constable, Ganesh (PW-10) naming A-1, A-2, A-3, A-4 and A-5, as culprits for the murder of Gunwant.

5. The Head Constable (PW-10), on the next day of occurrence, went to the spot of the incident and collected stones, axe and soil, etc. from the spot vide Spot Panchnama (Ext.44). He also prepared inquest report of dead body of Gunwant (Ext.43). The dead body of Gunwant was sent for post mortem examination to Primary Health Centre, Hanegaon. PW-2, Dr. Hanumant, conducted autopsy on the dead body of Gunwant. He noticed about 13 injuries on his dead body. All the injuries were ante-mortem. The post mortem report placed on record is marked as Ext.41. In the opinion of the Doctor, the death of Gunwant occurred because of shock due to cardio respiratory failure, caused by injury to brain and brain hemorrhage. PW-10 seized the blood-stained clothes of the deceased. He handed over further investigation to PSI Mirza Rahematulla Baig (PW-11). PW-11 recorded supplementary statements of PW-1 and other witnesses. He made search of the accused persons in and around village Loni, but they could not be located. On 17.08.1993, he arrested A-1, A-2 and A-3 near village Degloor. On 18.08.1993, he arrested A-4 and A-5 at Markhei. On 31.08.1993, he recorded statements of Hariba (PW-6) and Eknath (PW-7). On 22.08.1993, A-1, while in police custody, made statement (Ext.63) on the basis of which she recovered her clothes and clothes of her husband and son from her house, which were taken into possession vide Panchnama (Ext.64). On 29.08.1993, five prosecution witnesses were produced before Shri Nivrati (PW-13), the Special Judicial Magistrate, for recording their statements under Section 164 of the Code of Criminal Procedure (for short 'Cr.P.C.). The clothes of A-1, A-2 and A-3 and the deceased and other articles found on the spot were sent to the Chemical Analyser. The report of the Chemical Analyser (Ext.70) reveals that ethyl alcohol was detected in the viscera contents of the deceased. The Chemical Analyser's report (Ext.72) reveals that human blood was detected on the clothes worn by the deceased and the clothes worn by A-1, A-2 and A-3.

7. The case of the prosecution rests on circumstantial evidence. The prosecution relied upon the following circumstances:

8. The Trial Court, on appreciation of evidence, held A-1, A-2 and A-3 guilty of the offence, therefore, they are convicted and sentenced as aforesaid, for the offence under Section 302, IPC, read with Section 34, IPC. However, on the same set of evidence A-4 and A-5 have been acquitted of the charges. Being aggrieved, A-1, A-2 and A-3 preferred an appeal under Section 374(2) of Cr.P.C. before the High Court and the High Court as stated above, confirmed the conviction and sentence imposed upon them by the Trial Court. Hence, A-1, A-2 and A-3 have filed this appeal by special leave.

Circumstance No. I

Circumstance No. II

Circumstances Nos. III and IV

Circumstance No. V

23. In the result, the appeal is allowed. The conviction and sentence of A-1, A-2 and A-3 is set aside and they are acquitted of the charges framed against them. Shantabai (A-

1), Sajan (A-2) and Govind (A-3), who are in custody, are directed to be released forthwith, if not required in any other case.