SANJAY KHANDERAO WADANE versus STATE OF MAHARASHTRA
[2017] 8 S.C.R. 537, Supreme Court of India, 2017
Outcome: Dismissed (Dismissed)
Segment: Facts
[2017) 8 S.C.R. 537 
SANJAY KHANDERAO W ADANE 
A 
v. 
STATE OF MAHARASHTRA 
(Crimina!Appea!No.1962 of2011) 
~ 
AUGUST 03, 2017 
B 
[A.K. SIKRI AND R.K. AGRAWAL, JJ.) 
Penal Code, 1860 - ss.143, 147, 148, 302 rlw s.149 and s.326 
rlw. s.149 - Deceased beaten to death by appellants owing to a 
long standing dispute - Concurrent conviction of appellants by c 
Courts below - Plea of appellants that one of the prosecution witness 
(PW-8) stated that he ate 'Bhel' with deceased immediately before 
the incident however. said fact of eating 'Bhel' by deceased had not 
come up in his post mortem examination which casts a doubt on the 
narration of the whole incident by the witness, thus the same was a 
result of afterthought - On appeal, held: Evidence of a medical D 
person is merely an opinion which lends corroboration to the direct 
evidence in the case - On a careful perusal of the post mortem 
conducted by PW-10 (doctor), it is clear that the death was caused 
. by means of a sharp edged weapon- possibly a sword - Evidence 
given by PW-10 fully corroborates with the version given by PW-5 
E 
and PW-8 that the appellants caused the death of the deceased 
.using swords and iron pipes - Since, the eye witnesses' account 
was found credible and trustworthy, medical opinion pointing to 
alternative possibilities cannot be accepted as conclusive - No 
infirmity in orders passed by High Court with regard to conviction 
and sentence of the appellants-accused. 
F 
Medical jurisprudence -
Alleged uncertainty w.r.t. time of 
occurrence as well as death of the deceased - Plea of appellants 
that PW;8 s version that he ate 'Bhe/' v/ith the deceased before the 
incident was falsified, as according to the medical evidence there 
were no food particles in the stomach of the deceased - Held: 
G 
Judging the time of death from the contents of the stomach, may not 
always be the determinative test - It will require due corroboration 
from other evidence - Plea with regard to absence of food particles 
in the intestine of the deceased has no basis as digestion varies 
H 
537
538 
SUPREME COURT REPORTS 
(2017] 8 S.C.R. 
A from person to person, and sometimes even with the same person at 
different times - Further, if prosecution is able to prove its case, 
including the time of death, and the same points towards the guilt of 
the accused, then it may not be appropriate for the Court to wholly 
' reject the case of prosecution and to determine the time of death 
B 
with reference to the stomach contents of the deceased. 
c 
Evidence: 
Medical Witness - Opinion of - Evidentiary value of -
Discussed. 
Dismissing the appeal, the Court 
HELD: 1.1 In the instant case, on a careful perusal of the 
post mortem conducted by PW-10, it is very much clear that the 
death is caused by means of a sharp edged weapon and that too 
possibly by means of sword. The evidence given by PW-10 fully 
corroborates with the version given by PW-5 and PW-8 that the 
D appellants caused the death of the deceased using swords and 
iron pipes. It has been specifically mentioned in the report that 
injuries could be possible by various blows of the weapons. 
Further, the death was caused due to cardio respiratory arrest 
due to hemorrhage as well as neurogenic shock due to very 
E extensive lacerated wound over face including brain along with 
multiple bone fractures on face. The evidence of a medical person 
is merely an opinion which lends corroboration to the direct 
evidence in the case. It has been observed in various cases of 
tlris Court that where the eye witnesses'
account is found credible 
and trustworthy, medical opinion pointing to alternative 
F 
possibilities is not accepted as conclusive. [Para 71 [545-E-H) 
2.1 Further, the presence or absence of food at the time of 
post-mortem in relation to the time of death is based on various 
factors and circumstances such as the typ!! and nature of the food 
consumed, the time of taking the meal, the age of the person 
G concerned and power and capacity of the person to digest the 
food. In the present case, though PW-8 has stated that he had 
'Bhel' with the deceased just before the incident, there is no 
evidence about the exact time when the meals were taken or the 
quantity of 'Bhel' consumed by the deceased. Judging the time 
H
SANJAY KHANDERAO WADANE v. STATE OF 
539 
MAHARASHTRA 
of death from the contents of the stomach, may not always be the A 
determinative test. It will require due corroboratio,n from other 
evidence. If the prosecution is able to prove its case beyond 
reasonable doubt and cumulatively, the evidence of the 
prosecution, including the time of death, is proved beyond 
reasonable doubt and the same points towards the guilt of the B 
accused, then it may not be appropriate for the .court to wholly 
reject the case of the prosecution and to determine the time of 
death with reference to the stomach contents of the deceased. 
Where there is positive direct evidence about the time of 
·Occurrence, it is not open to the court to speculate about the 
time of occurrence by the presence of faecal matter in the C 
intestine. The question of time of death of the victim should not 
be decided only by taking into consideration the state of food in 
the stomach. That may be a factor which should be considered 
along with other evidence, but that fact alone cannot be decisive. 
(Para 9) (546-D-F, H ; 547-A-B) 
2.2 Medical opinion is admissible in evidence like all other 
-types of evidence and there is no hard-and-fast rule with regard 
D 
to appreciation of medical evidence. It is not to be treated as 
sacrosanct in its absolute terms. So far as ti.e food contents are 
concerned, they remain for long hours in the stomach and the 
duration thereof depends upon various other factors. [Para
10( 
E 
[547-B-C) 
Modi s book on Medical Jurisprudence and Toxicology -
relied on. 
· 2.3 It is clear from the depositions of the prosecution F 
witnesses, viz., PW-5 and PW-8 which corroborates with the 
deposition of PW-10 that the injuries were sustained by a sharp 
cutting object and not by hard and blunt object. Further, the plea 
raised by the appellants with regard to non-founding of food 
particles in the intestine of the deceased is of no basis as the 
digestion varies with different person even with same material, G 
and sometimes even with the same person at different times. 
With incomplete digestion, no reliable opinion can be given on a 
medical basis. In fact, there is no positive evidence that the 
deceased had 'Bhel' along with others. If the period of digestion 
H
540 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
A is six hours, the food will be in semi-digested stage upto 2 to 2Vz 
hours and if someone takes food then it remains in stomach for 
half an hour and then it goes to the intestine. Even if it be taken 
that the deceased had 'Bhel' along with others and five minutes 
thereafter the incident started in which he succumbed to his 
B injuries, the food will not be converted into semi-digested state 
and the doctor will not find any food particles in the intestine. 
The digestion of food is one of the important data which guide 
the medical officer in arriving at an opinion as to the time of death. 
This is possible on internal examination. [Para 12) [547-E-HJ 
2.4 The evidence of PWs 5, 8 and 12 are found to be 
C trustworthy and fully corroborated with each other on the point 
o( alleged incident with regard to the involvement of the 
appellants. Further, their evidence fully corroborates with the 
medical evidence given by the Doctor who conducted the post 
mortem of the deceased. The evidence of the witnesses cannot 
D 
be brushed aside merely because of some minor contradictions, 
if any, particularly for the reason that the evidence and testimonies 
of the witnesses are trustworthy. [Para 14) [548-C-D) 
E 
Malay Kumar Ganguly v. Sukumar Mukherjee AIR 
2010 SC 1162 : [2009) 13 SCR 1 - relied on. 
Case Law Reference 
[2009) 13 SCR 1 
relied on 
Para 11 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 1962 of201 I. 
F 
From
the Judgment and Order dated I I .0 I .20 I I of the High Court 
of Bombay, Bench at Aurangabad in Criminal Appeal No. 246 of 2009. 
WITH 
Crl. A. No. 604 of2012. 
G 
Sudhanshu S. Choudhari, Vatsalya Vigya, Rajat Kapoor, Advs. 
H 
for the Appellant. 
Mahaling Pandarge, Addi. Govt. Adv., Nishant Ramakantrao 
Katneshwarkar, Adv. for the Respondent.
SANJAY KHANDERAO WADANE v. STATE OF 
541 
MAHARASHTRA 
The Judgment of the Court was delivered by 
A 
R.K. AGRAWAL, J. l. The above appeals have been filed 
against the common judgment and order dated 11.0 l.2011 passed by the 
High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal 
Appeal Nos. 246 and 250 of2009 whereby the Division Bench of the 
High Court confirmed the order of conviction and sentence dated B 
09.04.2009 passed by the Court of Sessions, Ahmednagar in Sessions 
Case No. 88 of 2008 for the offences punishable under Sections 143, 
14 7, 148, 302 read with Section 149 and Section 326 read with Section 
149 of the Indian Penal Code, 1860 (in short 'the IPC'). 
2. Brief facts: 
(a) It is the case of the prosecution that on the fateful evening of 
-31.01.2008, Ravindra Kale (since deceased) was beaten to death by the 
appellants herein and others, who were 12 (twelve) in numbers and 
were armed with swords and iron pipes, owing to a long standing dispute 
between the deceased and the accused persons. 
(b) Shaila Kale (PW-12)-wife of the deceased, filed a complaint 
with regard to the alleged crime which got registered as Crime No. 14 
of 2008 against the accused persons. After investigation, the charges 
were framed and the case was committed to the Court of Sessions and 
numbered as Sessions Case No. 88 of 2008. 
c 
D 
E 
(c) Vide judgment and order dated 09.04.2009, the Court of 
Sessions, Ahmednagar, convicted the appellants herein, viz.,
Pandurang 
Shridhar Wadane and Sanjay Khanderao Wadane along with others under 
Sections 143, 147, 148, 302read with Section 149, Section326 read with 
Sectfon 149 of the IPC and sentenced to rigor9us imprisonment (RI) for 
F 
life along with fine. 
(d) Aggrieved by the judgment and order dated 09.04.2009, the 
appeilants herein, along with others, preferred Criminal Appeal Nos. 
246 and 250 of2009 before the High Court. A Division Bench of the 
High Court, vide common judgment and order dated 11.01.2011, confirmed G 
the order of conviction and sentence passed by the Court of Sessions 
against the appellants herein. 
· 
( e) Being aggrieved by the order dated 11.0l.2011, the appellants 
have preferred these appeals by way of special leave before this Court. 
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542 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
A 
3. Heard learned counsel for both the sides and perused the 
records. 
4. The alleged incident is said to have occurred on 31.01.2008 at 
about 5:00 p.m. There was some dispute between the deceased and the 
accused persons and earlier also there were incidents of scuffle between 
B the parties. On the date of the incident, the deceased was standing in 
front of a tea stall in his village. Anil Kale (PW-5), brother of the deceased 
was also present there. Suddenly, the appellants herein, along with other 
accused persons, came to the spot in a car and 2 motorcycles. The car 
gave a hit to the deceased due to which he fell down. Immediately 
thereafter, the accused persons, along with others, started beating him 
C with swords and iron pipes. Anil Kale (PW-5), who was present at the 
spot and is an eye-witness to the incident, immediately rushed to call the 
wife of the deceased who was working nearby. When the wife of the 
deceased reached the spot, she also witnessed that the accused persons, 
afong with others, were beating her husband. Sunil Raosaheb Kale 
D (PW-8), Devdas Magar and Shridhar Salve were also present at the 
spot and also sustained injuries while rescuing the deceased. The 
information of the said incident was given by Anil Kale to the police over 
phone and the deceased was shifted to the Hospital where he was 
declared brought dead. The charges were framed against the accused 
persons under various Sections
of the IPC including Section 302 read 
E with Section 149 and were later on confirmed by the Sessions Court and 
the High Court against them. Since a common question of law has 
arisen in these appeals, the same will be disposed of by way of this 
common judgment. 
F 
5. For a better appreciation of the matter, it is pertinent to throw 
light upon the versions of the prosecution witnesses. Since in the present 
set of appeals only the appellants herein are before us, we are confining 
our discussion to them only. There is no doubt that the death was 
homicidal. Anil Kale-real brother of the deceased, who was examined 
as· PW-5, very categorically narrated the whole incident as to how the 
G accused persons reached the spot in a Van and motorcycles. Further, 
the appellants herein got down from the car and were armed with swords 
and others were armed with iron pipes. One Sambhaji Aher gave two 
blows on the head of the deceased using sword. On seeing this, he 
rushed to call Shaila Kale (PW-12) - wife of the deceased, who was 
H
SANJAY KHANDERAO WADANE v. STATE OF 
543 
MAHARASHTRA [R.K. AGRAWAL, J.] 
working near to the place of the incident. On his return, he witnessed A 
that the accused persons were beating his brother using swords and iron 
pipes: He also witnessed that Sunil Kale, Devdas Magar and Shridhar 
Salve also got injuries while rescuing the brother of the deceased. Anil 
Kale made a phone to the police station informing about the incident. 
This witness further deposed that there was long standing rivalry between B 
the parties. Anil Kale had seen the accused persons while causing injury 
on the head of his brother by means of swords and iron pipes. His 
evidence clearly shows that he had seen Sambhaji Aher giving two blows 
on the head of the deceased and had also seen the appellants herein 
causing injury on the person of the deceased. He also witnessed the 
injuries caused to Sunil Kale (PW-8) and Shridhar Salve during the said C 
incident. Though the High Court has discarded the testimony of this 
prosecution witness, on a perusal of the examination and cross 
examination of this witness, we are of the opinion that he has narrated 
the incident exceptionally well and contradictions, if any, are so minor in 
_nature that it does not go to the root of the matter. 
D 
6. Sunil Raosaheb Kale - cousin brother of the deceased was 
examined as PW-8. He deposed before the Court that the accused 
persons reached the spot in a Van and on two motorcycles. The 
appellants herein got down from
the Car and were armed with swords. 
First blow was given by Sambhaji Aher using sword on the head and 
second on the face of the deceased. The appellants herein were also 
E 
causing injuries to the deceased using iron pipes and swords. When he 
tried to rescue the deceased, Sambhaji Aher gave a sword blow to his 
left leg. He further deposed that Anil Kale brought the wife of the 
deceased at the spot. The police brought him to the hospital at Shevgaon 
from where he was shifted to Civil Hospital, Ahmednagar for further 
F 
treatment. During his cross-examination, he deposed that he ate 'Shel' 
with the deceased before the incident. Learned counsel for the appellants 
pointed out that the fact of eating 'Shel' by the deceased had not come 
up in the post mortem examination of the deceased which creates a 
. doubt that the narration of the whole incident by the witness is a result of 
an afterthought. 
G 
7. Learned counsel for the appellants contended that the story of 
PW-8 that he and the deceased had 'Bhel' is falsified by the evidence of 
Dr. Neeta (PW-10), who conducted the post mortem of the body of the 
H
544 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
A deceased wherein she stated that she did not find any food particles in 
the intestine of the deceased. In this backdrop, it is pertinent to mention 
here the post mortem examination of the deceased which is as under:-
" A very extensive lacerated wound over face including both eyes, 
nose, mouth, tongue, right cheek along with multiple bone fractures 
B 
including right orbital bones, right maxilla, nestle bone, right mandible 
along with this both eye balls are collapsed. 
c 
D 
E 
F 
G 
H 
Incise wound over infra mandible area of about 5 x 0 x 2 x 2 cm. 
Incise wound over frontal area with frature frontal bone of 5 x 
0.5 x3 cm. 
Incise wound over left wrist dorsal aspect of about 4 x 0.5 x .5 
cm. 
Incise wound over right partial area of 5 x 5 x 0 .5 x 0 .5 cm. 
Contusion over left side lower abdomen of 8 x 2 cm. 
According to my opinion the probable cause of the death of 
deceased is due to cardio respiratory arrest due to hemorrhage as 
well as nurogenic shock due to very extensive lacerated wound 
over fact including brain along with multiple bone fracture of face. 
Accordingly, I have prepared PM Notes which is in my hand 
writing. I am shown the same. It bears my signature, contents 
are correct. It is at Exh. 67. The injuries mentioned in Cl. 17 and 
19 were ante-mortem injuries. The said patient may die instantly 
on account of causing injuries to him as mentioned in post mortem 
notes. Incised wound caused to the
deceased could be possible 
by means of sharp edged weapon. Incised could caused to the 
deceased as mentioned in Col. 17 could be possible by means of 
sword i.e., Art. No. 16 and 17 which are now shown to me before 
the Court. The injury No. 16 as mentioned in PM Notes could be 
possible by article No. 18 and 19 which are now shown to me. 
Injury No. I mentioned in CL. 17 of PM Notes could not be 
possible by various blows of the weapon. The dead body of the 
deceased Ravindra was lying in dead house of Shevgaon and I 
have carried out post mortem examination over the dead body of 
the deceased there."
SANJAY KHANDERAO WADANE v. STATE OF 
545 
MAHARASHTRA [R.K. AGRAWAL, J.] 
Further, during cross-examination, PW-10 deposed as under:~ 
A 
"Time of death of person can be ascertained by looking into the 
stomach contains, if someone eats food then it remains in stomach 
for half an hour and then it goes to the intestine. One can identify 
the food particles eaten by said patient within the period of two 
hours from that time. I did not find any food particles in the 
B 
intestine of the deceased." 
A medical witness who performs a post-mortem examination is a 
witness of fact though he also gives an opinion on certain aspects of the 
case. The value of a medical witness is not merely a check upon the 
testimony of eyewitnesses; it is also independent testimony because it C 
may establish certain facts quite apart from the other oral evidence. 
From the evidence on record, inferences are drawn as to the truth or 
otherwise of the prosecution case in criminal matters and truth or 
otherwise of a claim in civil matters. · 1n this process, the medical evidence 
plays a very crucial role. Ifthere is inconsistency or discrepancy between 
the medical evidence and the direct evidence or between medical evidence D 
of two doctors, one of whom examined the injured person and the other 
.conducted post mortem on the injured person after his death or as to the 
injuries, then in criminal cases, the accused is given the benefit of doubt, 
and let off. Where the direct testimony is found
untrustworthy, conviction 
on the basis of medical evidence supported by other circumstantial E 
evidence can be. done, if that is trustworthy. On a careful perusal of the 
post mortem conducted by PW-I 0, it is very much clear that the death is 
caused by means of a sharp edged weapon and that too possibly by 
means of sword. The evidence given by PW-10 fully corroborates with 
the version given by PW-5 and PW-8 that the appellants herein caused 
the death of the deceased using swords and iron pipes. Il has been 
specifically mentioned in the report that injuries could be possible by 
various blows of the weapons. Further, the death was caused due to 
cardio respiratory arrest due to hemorrhage as well as neurogenic shock 
F 
due to very extensive lacerated wound over face including brain along 
with multiple bone fractures on face. The evidence of a medical person G 
is merely an opinion which lends corroboration to the direct evidence in 
the case. It has been observed in various cases of this Court that where 
'the eye witnesses' account is found credible and trustworthy, medical 
opinion pointing to alternative possibilities is not accepted as conclusive. 
H
546 
A 
B 
c 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
8. Now, we shall deal with the other aspect of the argument 
advanced on behalf of the appellants i.e. in relation to uncertainty in the 
time of occurrence as well as death of the deceased, with reference to 
expert evidence. The contention is that as per the statement of PW-8, 
they had 'Bhel' just before the incident. However, according to the 
medical evidence, there were no food particles in the stomach of the 
deceased. Therefore, the version of PW-8 is falsified by the evidence of 
PW-10, more particularly, wherein she has'Stated that she did not find 
any food particles in the intestine of the deceased. According to the 
learned counsel for the appellants, this causes a serious doubt on the 
very basis of the prosecution story. This argument appears to be of 
some significance at the first brush, but when examined in depth in light 
of the entire evidence, it clearly lacks merit. 
9. The presence or absence of food at the time of post-mortem in 
relation to the time of death is based on various factors and circumstances 
such as the type and nature of the food consumed, the time of taking the 
D meal, the age of the person concerned and power and capacity of the 
person to digest the food. In the present case, though PW-8 has stated 
that he had 'Bhel' with the deceased just before the incident, there is no 
evidence about the exact time when the meals were taken or the quantity 
of' Bhel' consumed by the
deceased. Judging the time of death from the 
E 
F 
contents of the stomach, may not always be the determinative test. It 
will require due corroboration from other evidence. lfthe prosecution is 
able to prove its case beyond reasonable doubt and cumulatively, the 
evidence of the prosecution, including the time of death, is proved beyond 
reasonable doubt and the same points towards the guilt of the accused, 
then it may not be appropriate for the court to wholly reject the case of 
the prosecution and to determine the time of death with reference to the 
stomach contents of the deceased. Even in Modi s Jurisprudence, it 
has been recorded as under: 
" ... The state of the contents of the stomach found at the time of 
medical examination is not a safe guide for determining the time 
G 
of the occurrence because that would be a matter of speculation, 
in the absence of reliable evidence on the question as to when the 
deceased had his last meal and what that meal consisted of." 
Where there is positive direct evidence about the time of 
occurrence, it is not open to the court to speculate about the time of 
·H
SANJAY KHANDERAO WADANE v. STATE OF 
547 
MAHARASH.TRA [R.K. AGRAWAL, J.] 
occurrence by the presence of faecal matter in the intestine. The question A 
of time of death of the victim should not be decided only by taking into 
consideration the state of food in the stomach. That may be a factor 
which should be considered along with other evidence, but that fact 
alone cannot be decisive . 
. 10. This Court in a catena of cases has stated the dictum that B 
medical opinion is admissible in evidence like all other types of evidence 
and there is no hard-and-fast rule with regard to appreciation of medical 
evidence. It is not to be treated as sacrosanct in its absolute terms. 
Agreeing with the view expressed in Modi's book on Medical 
Jurisprudence and Toxicology, this Court recorded that so far as the· 
food contents are concerned, they remain for long hours in the stomach 
C 
and the duration thereof depends upon various other factors. 
l L Further, in Malay Kumar Ganguly vs. Sukumar Mukherjee 
AIR 20 l 0 SC 1162, it has been held by this Court that the opinion could 
be admitted or denied. Whether such evidence could be admitted or 
how much weight should be given thereto, lies within the domain of the D 
court. 
12. It is clear from the depositions of the prosecution witnesses, 
· viz., PW-5 and PW-8 which corroborates with the deposition of PW-10 
that the injuries were sustained by a sharp cutting object and not by hard 
and blunt object. Further, the plea raised by
learned counsel for the 
E 
appellants with regard to non-founding of food particles in the intestine 
of the deceased is of no basis as the digestion varies with different 
person even with same material, and sometimes even with the same 
person at different times. With incomplete digestion, no reliable opinion 
· can be given on a medical basis. In fact, there is no positive evidence 
F 
that the deceased had 'Bhel' along with others. If the period of digestion 
is six hours, the food will be in semi-digested stage upto 2 to 2Yz hours 
and if someone takes food then it remainsjn stomach for half an hour 
and then it goes to the intestine. Even if it be taken that the deceased 
had 'Bhel' along with others and five minutes thereafter the incident 
started in which he succumbed to his injuries, the food will not be 
G 
converted into semi-digested state and the doctor will not find any food 
particles in the intestine. The digestion of food is one of the important 
data which guide the medical officer in arriving at an opinion as to the 
time of death. This is possible on internal examination. 
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548 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
A 
13. Shaila Kale-wife of the deceased was examined as PW-12. 
She also deposed that when she was asked by Anil to come, she 
immediately rushed to the spot and noticed that the appellants herein 
were armed with swords and were beating her husband who succumbed 
to his injuries then and there. She lodged a report with the Police about 
B the incident which was reduced into writing by mentioning the names of 
all the accused persons therein. 
14. In this view of the matter, the evidence of PWs 5, 8 and 12 
are found to be trustworthy and fully corroborated with each other on 
the point of alleged incident with regard to the involvement of the 
appellants herein. Further, there evidence fully corroborates with the 
C medical evidence given by the Doctor who conducted the post mortem 
of the deceased. Even the injuries sustained by PW-8 while rescuing 
the deceased from the clutches of the accused persons have been 
examined and proved by Dr. Kundalick (PW-11) who found them to be 
of grievous nature. We are of the view that the evidence of the witnesses 
D cannot be brushed aside merely because of some minor contradictions, 
if any, particularly for the reason that the evidence and testimonies of 
the witnesses are trustworthy. However, the prosecution failed to examine 
Devidas Magar and Shridhar Salve who said to have rescued the 
deceased. 
E 
Conclusion: 
15. The prosecution has examined material witnesses, viz., PW-
5, PW-8
and PW-12 who are the eye-witnesses to the alleged incident. 
In our opinion, the High Court was not right in discarding the testimony 
of PW-5 and PW-12 taking into consideration the role played by the 
F 
appellants herein. The presence of the above witnesses at the place of 
occurrence is clearly established and is not at all doubtful. Though there 
are certain discrepancies but those are so minor in nature that it cannot 
harm the case of the prosecution. Their evidence inspires confidence 
and is natural one which clearly shows that the accused persons formed 
an unlawful assembly along with others with a common object to murder 
G the deceased which was done by causing injuries to his person using 
fatal weapons which fully corroborates with the oral evidence as well as 
the post mortem report of the Doctor (PW-I 0) who conducted the post 
mortem. We do not find any conflict between the oral evidence of the 
above witnesses and medical evidence of PW-10 as alleged by learned 
H

SANJAY KHANDERAO WADANE v. STATE OF 
549 
MAHARASHTRA [R.K. AGRAWAL, J.] 
counsel for the appellants, particularly, on the point of injuries caused to 
A 
the deceased on face and head using swords and iron pipes. 
16. In view of the foregoing discussion, we do not find any infirmity 
in the orders passed by the High Court with regard to the conviction and 
sentence of the appellants-accused. The appeals are accordingly 
dismissed. 
B 
·Divya .Pandey 
Appeals dismissed.