Arun Bhanudas Pawar vs State Of Maharashtra

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

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 succumbed to his injuries.

6. On internal examination, Dr. Kothe found the brain of deceased Raju congested and showed septicemia patches. Both lungs also showed septicemia patches. There was sutured wound over the stomach 1 in size. Large intestines were sutured at three places 2 in size and purulent matter was showing septicemia patches and were congested. All the injuries, according to Dr. Milind Kothe, were ante mortem and corresponding to the external injuries. According to the opinion of Dr. Kothe, the cause of death of Raju was septicemia due to the above said injuries. Injury Nos. 2 and 3 were surgical. On 15.8.1994, the sample of blood, clothes produced by accused Arun and other articles seized by the Investigating Officer on the spot were sent to the Chemical Examiner at Aurangabad for chemical analysis.

7. After completion of the investigation and after receipt of the post mortem report and the report of the Chemical Analyser, charge sheet was filed against Arun and Walmik in the court of the Magistrate. Vilas, being juvenile offender, was tried by the Juvenile Court. The Judicial Magistrate committed the trial of appellant Arun and Walmik to the IVth Additional Sessions Judge, Jalgaon, who framed the charge against them for an offence punishable under Section 302 read with Section 34 of the IPC. The prosecution examined as many as 15 witnesses in support of its case. In their statements recorded under Section 313 of the Code of Criminal Procedure, both the accused have denied their involvement in the crime and pleaded false implication in the case by the police.

16. Bearing the above principles of law enunciated by this Court, we shall scrutinize scrupulously and examine carefully the circumstances appearing in this case against the appellant.

23. In the result, there is merit in this appeal and it is accordingly allowed. The judgment and order dated 26.07.2005 of the High Court of Judicature of Bombay, Bench at Aurangabad, passed in Criminal Appeal No. 134 of 1999, upholding the judgment and order dated 16.03.1999 of the learned IVth Additional Sessions Judge, Jalgaon, in Sessions Case No.48/1995, convicting and sentencing the appellant for an offence punishable under Section 302 of the IPC is set aside and the appellant, accordingly, shall stand acquitted of the charge. The appellant-Arun Bhanudas Pawar, who is presently lodged in jail, shall be set free forthwith, if not required in any other case. Fine imposed by the trial court, if realised from the appellant, shall be paid back to him.