Case Note & Summary
The High Court of Bombay, in Criminal Appeal No. 106 of 1994, heard the State's appeal against the acquittal of twelve accused (originally thirteen, one deceased) by the II Additional Sessions Judge, Thane, on 11 November 1993 for offences under the Indian Penal Code and Arms Act. The prosecution case arose from an incident on 5 March 1991, when a group of assailants armed with guns and revolvers fired at the deceased Atmaram Shripat Patil and his son Vilas at Retibunder, Mumbra, causing their deaths. Injured witness Kathod Devu Bhagat (PW10) was also shot but survived. The motive alleged was a prior assault by Kathod on accused No. 1, leading to enmity. The prosecution examined 23 witnesses, including alleged eye‑witnesses (PW1, PW2, PW10), conspiracy witnesses (some hostile), panchas, medical experts, a ballistic expert, and investigating officers. The trial court found the evidence insufficient and acquitted all accused, leading to the State appeal.
The State contended that the acquittal was perverse and based on erroneous appreciation. The Special Public Prosecutor argued that the trial judge failed to consider the recovery of the tempo and weapons, overlooked the balanced testimony of hostile witnesses, wrongly discarded the evidence of eye‑witnesses and the injured witness due to delayed recording of statement, and erred in drawing adverse inferences for non‑examination of certain witnesses and lack of identification parade. The defence supported the acquittal, highlighting discrepancies, contradictions, and the medical evidence indicating that PW10 was conscious contrary to the prosecution’s claim, relying on definitions of analgesics and sedatives.
The High Court examined the evidence upto the point of the extracted text. It noted that the homicidal deaths from gunshot injuries were undisputed, and PW10 had bullet injuries. The court considered the arguments regarding the delay in recording PW10’s statement, the effect of analgesics and sedatives on his consciousness, and the legal principles governing evaluation of evidence. The extract ends before the final pronouncement, leaving the outcome of the appeal undetermined in the provided portion.
Issue of Consideration
Whether the trial court's acquittal of the accused for offences under Sections 34, 120B, 147, 148, 149, 307, 302 IPC and Sections 27, 25(c) read with Section 7 Arms Act was justified, and whether prosecution evidence proved charges beyond reasonable doubt.
Law Points
- Testimony of injured witness can be relied upon if it has ring of truth despite discrepancies
- Adverse inference under Section 114 Evidence Act cannot be drawn unless deliberate withholding of evidence is shown
- Evaluating inherent quality of evidence is essential
- Mere discrepancies should not lead to rejection of credible testimony
- Conspiracy charge must be proved by cogent evidence
Case Details
2005 LawText (BOM) (03) 27
CRIMINAL APPEAL NO. 106 OF 1994
S.S. Parkar, Anoop V. Mohta
Shri P.M. Vyas, Spl.P.P. with Shri A.M. Shringarpure, A.P.P. for appellant; Shri P.M. Pradhan for respondent Nos.1 to 11; Respondent No.12 served - absent
Shivdas Nana Bhagat, Bhalchandra Vasant Keni, Vishwas Baliram Kavale, Raja Namdeo Nikam, Ravindra Uttam Khandagale, Anant Bhiva Govilkar, Subhash Dagadu Shinde, Arban Dharma Bhoir, Bankelal Surajprasad Chourasiya (dead), Sunil Pandurang Satpute, Manohar Sitaram Mhatre, Rajan Narayan Kine
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
State seeks to set aside acquittal and convict accused for murder and related offences
Filing Reason
Trial court acquitted all accused of charges under IPC and Arms Act; State considers acquittal illegal and perverse
Previous Decisions
II Additional Sessions Judge, Thane, acquitted all accused on 11 November 1993
Issues
Whether prosecution evidence proved conspiracy beyond reasonable doubt
Whether testimony of injured witness (PW10) recorded after 12 days is credible
Whether failure to hold identification parade is fatal to prosecution case
Whether medical evidence supports claim that PW10 was unconscious and unable to give statement
Whether trial court's rejection of panch witness and other evidence was justified
Whether adverse inference under Section 114 Evidence Act can be drawn for non‑examination of witnesses
Submissions/Arguments
Special Public Prosecutor argued: Acquittal is baseless; trial court ignored recovery of tempo and weapons; hostile witness testimony partly supports prosecution; conspiracy proved; eye‑witness and injured witness testimony reliable; Ballistic expert opinion corroborates; delay in recording PW10’s statement explained by medical condition; existence of discrepancies does not warrant rejection of entire evidence; adverse inference not justified as evidence not deliberately withheld.
Defence argued: Impugned judgment well‑reasoned; prosecution witnesses contradicted each other; PW10 was conscious as per medical records and definitions of analgesics and sedatives; delay in recording statement not explained; no identification parade conducted; inconsistencies in colour of clothes and transport of victims; evidence of conspiracy weak and based on hostile witnesses; acquittal should be upheld.
Judgment Excerpts
There is no dispute that the deceased Atmaram Patil and his son Vilas died on 5th February, 1991, at about 6.45 p.m., due to the gunshot injuries. (Para 9)
The learned 2nd Additional Sessions Judge, Thane, before whom the trial was conducted came to the conclusion that the prosecution failed to prove the charges against the accused beyond reasonable doubt and therefore, acquitted all the accused... (Para 6)
The Special Public Prosecutor contended that the impugned judgment and order of granting benefit of doubt to the respondents-accused is baseless, illegal and contrary to the record. (Para 7)
Procedural History
FIR registered at Thane Town Police Station on 05-03-1991 as C.R. No. I‑O/91, transferred to Mumbra Police Station. Charge‑sheet against accused Nos. 1 to 11 filed on 04‑06‑1991; supplementary charge‑sheet against accused Nos. 12 and 13 filed later. Both cases clubbed and tried. Trial before II Additional Sessions Judge, Thane. All accused acquitted on 11-11-1993. State appealed to High Court. High Court heard arguments and delivered oral judgment on 04-03-2005.
Acts & Sections
- Indian Penal Code, 1860: 34, 120B, 147, 148, 149, 307, 302
- Arms Act, 1959: 27, 25(c), 7
- Indian Evidence Act, 1872: 114 illus. (g)
