Case Note & Summary
The two criminal appeals arise from Sessions Case No. 234 of 2008, wherein the Additional Sessions Judge, Pune convicted six accused persons for the murder of Pradeep Shinde. The prosecution case was that on 08.10.2007 at about 8.30 p.m., near Bafna Petrol Pump, Shukrawar Peth, Pune, the accused, armed with deadly weapons, formed an unlawful assembly and attacked Pradeep Shinde. He was first assaulted at the petrol pump and then chased and fatally attacked in a lane, causing his death. The incident was witnessed by PW2 Kalyani Khillare, sister of the deceased. Other eyewitnesses turned hostile during trial. The accused were convicted under sections 147, 148, 302 read with 149 IPC and sentenced to life imprisonment. In appeal, the appellants contended that the conviction was based solely on the testimony of an interested witness, PW2, whose presence at the scene was doubtful and her evidence unreliable. They pointed to inconsistencies regarding the location of the assault, absence of blood at the petrol pump, and the failure of other witnesses to support the prosecution. The appeals were heard and judgment pronounced.
Issue of Consideration
CRIMINAL APPEAL NO. 109 OF 2011
Case Details
2017 LawText (BOM) (01) 26
Criminal Appeal No. 109 of 2011 with Criminal Appeal No. 110 of 2011
Smt. V.K. Tahilramani, A.M. Badar
Mr. D.G. Khamkar, Mr. Nitin Sejpal, Mr. S.R. Pasbola i/b Mr. Rahul Arote, Mr. Arfan Sait
Pravin Dhondiram Chorge, Shailesh Gulab Dhage, Ajit Krishna Ghanekar, Sameer Sitaram More, Ganesh Suresh Mane, Nilesh Deepak Hiwale
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Nature of Litigation
Criminal appeals filed by convicted accused against the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Pune.
Remedy Sought
Appellants sought setting aside of the conviction and sentence imposed for offences under sections 147, 148, 302/149 IPC.
Filing Reason
The appellants were convicted and sentenced to life imprisonment and other terms by the trial court in Sessions Case No. 234 of 2008.
Previous Decisions
The trial court convicted the appellants on 11.11.2010 for offences under sections 147, 148, 302 read with 149 IPC and sentenced them to rigorous imprisonment for 1 year, 2 years and life imprisonment respectively, with fine.
Issues
Whether the testimony of a sole eye-witness, PW2 Kalyani Khillare, who is the sister of the deceased and an interested witness, is sufficient to sustain the conviction.
Whether the prosecution evidence suffers from material inconsistencies and contradictions regarding the presence of the witness at the spot and the sequence of assault.
Whether the failure to prove recoveries of weapons and clothes and the turning hostile of panch witnesses affects the prosecution case.
Whether the conviction under sections 147, 148, 302/149 is justified despite absence of corroborative evidence.
Submissions/Arguments
PW2 is an interested witness with inimical disposition; her testimony is unreliable.
PW2 is a chance witness; her claimed presence at Bafna Petrol Pump is improbable as it is not on the route from her house to the market.
The conduct of PW2 in not going near her injured brother and absence of blood on her clothes makes her untrustworthy.
No blood was found at Bafna Petrol Pump where the initial assault allegedly occurred, contradicting the prosecution case.
The distance between the two places of assault makes it impossible for PW2 to have witnessed the entire occurrence.
PW6 Hemant Lele did not mention the presence of PW2 at the spot; the Investigating Officer found only PW2 and the injured, creating inconsistency.
In the trial of the juvenile offender, PW2 stated that the juvenile did not participate; this contradicts her later testimony.
The FIR does not mention the presence of PW17 Vinod Kad, making PW2's version doubtful.
Recoveries of weapons and clothes based on confessional statements were not proved; panch witnesses turned hostile.
The conviction is based on weak and uncorroborated evidence.
Judgment Excerpts
By these appeals, appellants/convicted original accused Nos.1 to 6 are challenging judgment and order dated 11.11.2010 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.234 of 2008, thereby convicting them of offence punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code.
The incident of murderous assault on Pradeep Shinde took place at about 8.30 p.m. of 08.10.2007 at populous locality of Pune.
It was argued by the learned Counsel for appellants that P.W.2Kalyani Khillare is a sole witness on whose statement the learned Trial Court has returned the finding of guilt against appellant/accused.
Procedural History
FIR lodged on 08.10.2007 by PW2 at Phadgate Police Outpost leading to registration of Crime No.272/2007 at Khadak Police Station for offences under sections 143, 147, 148, 149, 302, 120B, 201 IPC, section 37/135 Bombay Police Act and section 4/25 Arms Act. Investigation completed, charge-sheet filed. Case committed to Sessions Court. Trial conducted in Sessions Case No.234 of 2008. Accused acquitted of certain charges but convicted under sections 147, 148, 302/149 IPC on 11.11.2010. Appeals filed before High Court, heard on 22.12.2016 and judgment pronounced on 10.01.2017.
Acts & Sections
- Indian Penal Code: 147, 148, 302, 149, 143, 120B, 201
- Bombay Police Act: 37, 135
- Arms Act: 4, 25
