Umesh vs State Of Maharashtra

The appellant was charged under Section 302 of the Indian Penal Code (for short 'IPC') for committing the murder of Dilip Ganpatrao Shirbhate on 26.11.1997. The broad facts giving rise to this appeal may be set out briefly.

The prosecution case is that on 26.11.1997 in the midnight Vasant Shankarrao Bijwe, resident of Vivekanand Colony, Warud, lodged a report (Ext. 32) at Warud Police Station, Sub-division Morshi, District Amravati, alleging that when he was sleeping in his house, one Anil Ramrao Gulhane, resident of Warud, came there and told him that Dilip Ganpatrao Shirbhate resident of Warud was found lying in injured condition near the shop of Patel situated near Bombay Lodge. Vasant Shankarrao Bijwe immediately went to the spot of occurrence and found Dilip Ganpatrao Shirbhate, his brother-in-law (wife's brother) lying dead. He noticed injury on the chest of Dilip-the deceased. The clothes of the deceased were smeared with blood. Vasant Shankarrao Bijwe-informant along with one Baba alias Purushottam Marotrao Ingle went to the Police Station to lodge the report. Head Constable B. No.25 of Police Station Warud, Sub-division Morshi, District Amravati recorded First Information Report at 23:30 hrs. on 26.11.1997 against an unknown person under Section 302 of the IPC.

4) and Suresh (PW-5) about the concealment of knife in his house, which allegedly was used in the commission of the offence. On the basis of the said statement, knife was recovered. The appellant made another statement (Ext. 47) under Section 27 of the Evidence Act in the presence of Amiruddin (PW-3), on the basis of which blood stained clothes worn by him at the time of the incident were seized from the house of the appellant. The seized articles were sent for chemical analysis.

After completion of the investigation, charge-sheet under Section 302 IPC was filed against the appellant. In order to prove its accusations against the appellant, the prosecution examined in all seven witnesses, out of whom Anand Katole (PW-1) and Waman Nerkar (PW-2) were the eye-witnesses. The documents prepared during the investigation were also filed in support of the case. The appellant in his statement recorded under Section 313 of the Code of Criminal Procedure denied his involvement in the crime. His plea was that a false case has been registered against him. However, he led no defence evidence. Placing reliance on the evidence of the eye-witnesses and other evidence adduced on record, the appellant as noted above was found guilty. The appeal of the appellant against his conviction came to be dismissed by the High Court. Mr. Arvind Kumar, learned counsel appearing on behalf of the appellant, submitted that the High Court committed a serious error in appreciating the evidence of the alleged eye- witnesses and undue importance to the recovery of the weapon of offence (knife) has been given. It was urged that the High Court has failed to take cognizance of the fact that no motive has been attributed to the appellant for commission of the offence therefore, the appellant could not have been found guilty of the charge levelled against him. Learned counsel next submitted that non-examination of Vasant Shankarrao Bijwe, who allegedly lodged the First Information Report of the crime in the Police Station and owner of Sandeep Pan Shop, is fatal to the prosecution case and both these witnesses were intentionally withheld by the prosecution with a view to conceal the true facts of the case. Thus, according to the learned counsel, the prosecution has failed to establish the charge of murder against the appellant beyond reasonable doubt.

The learned Sessions Judge as well as the High Court have accepted the testimony of eye-witnesses PW-1 and PW-2 to the incident. It has come in the deposition of PW-1 that on the day of occurrence, i.e. 26.11.1997, at about 9.30 p.m. Dilip came to his house and then both of them went to Hotel Rupa Liquors where they consumed liquor. Thereafter, they went to Sandeep Pan Shop and smoked cigarettes there. Umesh (the appellant) was also present in the pan shop. The appellant asked Dilip to give him liquor, but Dilip could not oblige the appellant, because he had no money in his pocket for buying liquor. The appellant entered into verbal altercation with Dilip. PW-1 and Dilip went to the liquor shop of Shankar Lala and they had again consumed country-made liquor there. Thereafter, they went to the Bombay Lodge where the appellant suddenly appeared and dealt a blow of knife on the back of Dilip. Dilip raised cries in pain. PW-1 got frightened and tried to run away. He saw the appellant giving second blow of knife on the chest of Dilip. On the next day, he went to the Police Station and informed the Police about the incident. PW-2 deposed that the deceased Dilip was working with him. On 26.11.1997 at about 9.15 p.m., he went to the pan shop of Sandeep where he noticed PW-1 and Dilip (deceased) coming from the opposite direction towards the shop. The appellant was also present there. The appellant asked Dilip to give him money for buying liquor. He has corroborated the testimony of PW-1 in its entirety in regard to the injuries inflicted by the appellant on the person of Dilip with knife, the weapon of offence.

As a result of the aforementioned discussion, this appeal is dismissed and the conviction and sentence imposed upon the appellant is maintained.