Balaji vs The State Of Maharashtra

2. The brief facts leading to this appeal are that, at about 1:30 p.m. on 28.08.2006, the police officer, Sikander Pakhali (PW12) received information that a woman had been stabbed. Upon reaching the house of Shamalbai Lohare, PW2 (landlady of the house of the deceased), he noticed that the deceased Lata was lying in a pool of blood and she was shifted to the hospital at about 1:45 to 2:00 p.m. PW12 was informed by Dr. Dhele (PW11) that the deceased was in a fit condition to give the statement and PW12 recorded the same. The deceased in her statement stated that the appellant/accused (brother of the deceased) was annoyed with her as she was having an illicit relationship with Mahendra Dhaware (PW4) after the death of her husband and thus, stabbed her in her abdomen, chest, face, right arm, etc. At the same time, i.e. at about 1:45 to 2:00 p.m., the appellant/accused voluntarily arrived at the police station in bloodstained clothes carrying bloodstained knife and disclosed his name as Balaji and the crime committed by him to Changdeo, PW6, the officer of the police station. Lata succumbed to injuries at about 2:45 p.m. 2 The dying declaration of the deceased itself was treated as the first information and the report was sent to the Jurisdictional Magistrate.

3. The appellant/accused was tried for offence under Section 302 of the Indian Penal Code (for short, “the IPC”). As mentioned supra, the Trial Court convicted the accused for the said offence and sentenced him to life imprisonment. The judgment of the Trial Court is confirmed by the High Court.

10. As mentioned supra, the last circumstance relied upon the prosecution is that the accused himself voluntarily went to the police station in bloodstained clothes with a bloodstained knife. In our considered opinion, the prosecution has created a make believe story in that regard. According to the prosecution, the accused went to the police station at about 1:45 p.m. PW6 has deposed that the accused after coming to the police station confessed that he killed the deceased since he was aggrieved by 12 the action of the deceased having an illicit relationship with PW4 and that she lived a life like a debauched woman. Despite sufficient attempts to convince her to mould her conduct she did not mend her conduct and hence he killed her by stabbing her with the knife. Though such statement was allegedly made by the accused after going to the police station voluntarily, no crime was registered by Changdeo, PW6, the Inspector of Police who was in the police station during the relevant point of time. However, subsequently after calling the police constable, the crime came to be registered under Section 307 of the IPC based on alleged dying declaration. Thereafter, bloodstained clothes and bloodstained knife were seized. The relevant station entry is Ext P31. In the cross­examination, PW6 has admitted that Ext P31 was made out by another police officer namely ASI Sonkavade inasmuch as said Sonkavade was on duty; one Mr. Angule was the Station in­charge during the relevant point of time but he was not present when the accused had come.

Hence, in our considered opinion, it would be unsafe to rely upon this dying declaration of the victim to base the conviction. We find that the dying declaration bristles with a number of suspicious circumstances mentioned supra.

11. Having regard to the aforementioned discussion and other material on record, we find that the origin and genesis of the prosecution is shrouded in mystery; the prosecution has tried to improve its case from stage to stage. In our considered opinion, the prosecution has not proved its case beyond 14 reasonable doubt against the accused. Hence, benefit of doubt will go in favour of the accused.

12. The impugned judgment of the High Court is set aside and accordingly, the appeal is allowed. The accused/appellant is directed to be released forthwith, if not required in any other case.