Case Note & Summary
The case involves two criminal appeals filed by accused Nos. 1 and 2 against their conviction and sentence for the murder of the informant’s wife and theft of ornaments. The informant, a goldsmith and moneylender, employed accused No.1 in his shop. On 6th October 2010, the informant’s wife was found murdered in her home, and ornaments worth Rs.32 lakh kept in pouches were stolen. Accused No.1, who was known to the family, absconded after the incident. Investigation led to the arrest of the accused in Rajasthan, and recovery of stolen ornaments and a weapon was made based on disclosure statements. The trial court convicted both accused under Sections 302 and 380 read with Section 34 IPC, sentencing them to life imprisonment and rigorous imprisonment, while acquitting a third accused. The appellants challenged the conviction on grounds that the case rested on circumstantial evidence, the chain was incomplete, no test identification parade was held, recovery was not proved, and the prosecution failed to establish the informant’s ownership of the ornaments. The High Court, after hearing counsel, upheld the conviction, finding the circumstantial evidence sufficient to prove guilt beyond reasonable doubt. The court also allowed the informant’s application for intervention and directed return of seized ornaments after the appeal period.
Issue of Consideration
Whether the trial Court’s conviction based on circumstantial evidence is legally sustainable?
Law Points
- circumstantial evidence
- last seen together
- recovery under Section 27 of Evidence Act
- motive
- common intention
Case Details
2018 LawText (BOM) (11) 55
Criminal Appeal No. 817 of 2014, Criminal Appeal No. 977 of 2014 and Criminal Application No. 953 of 2018
S.S. Shinde, A.S. Gadkari
Miss Nagma Tandon for Appellant in Cr.A.817/2014, Mr. Daulat G. Khamkar for Appellant in Cr.A.977/2014, Mr. Rajesh A. More for intervenor, Mrs. M.M. Deshmukh, A.P.P. for State
Bharat Polaji Ghanchi @ Ghelot (Accused No.2) and Bharat Kaluram Ghanchi @ Ghelot (Accused No.1)
The State of Maharashtra (Through Officer-in-charge, Samarth Police Station)
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Nature of Litigation
Criminal appeals against conviction and sentence for murder and theft.
Remedy Sought
Appellants sought acquittal and setting aside of conviction; informant sought return of seized ornaments.
Filing Reason
Trial Court convicted appellants for murder of informant's wife and theft of ornaments worth Rs.32 lakh.
Previous Decisions
Trial Court convicted Appellants under Sections 302 and 380 IPC read with Section 34, sentenced to life imprisonment and fine, and acquitted Accused No.3.
Issues
Whether prosecution proved the identity of accused beyond reasonable doubt?
Whether circumstantial evidence established complete chain of guilt?
Whether recovery of ornaments was properly proved?
Whether motive was established?
Whether charge under Section 34 IPC is sustainable against Accused No.1?
Submissions/Arguments
No eye witness; case based on circumstantial evidence.
Chain of circumstances not established.
Prosecution failed to prove possession of ornaments with informant.
Informant not licensed moneylender.
No test identification parade conducted.
Recovery of ornaments not duly proved.
No register or receipt books produced to show money lending transactions.
Absence of independent witnesses to recovery.
Judgment Excerpts
Criminal Appeal No.817 of 2014 filed by accused No.2... directed against the Judgment and Order dated 2nd September, 2014 passed by the Additional Sessions Judge, Pune thereby convicting accused No.2... for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment...
On 6th October, 2010 as usual Nagraj left house for shop at 9.00 a.m. Bharat Kaluram (Accused No.1) arrived in shop at about 09.30 a.m. At about 10.30 a.m. Nagraj contacted his wife on phone, and in reply she informed him that one person came at house and was making inquiry about Mahendra.
Procedural History
Crime No. 154 of 2010 registered at Samarth Police Station under Sections 302, 381, 34 IPC; charge-sheet filed on 10-01-2011; case committed to Sessions Court on 08-02-2011; charges framed under IPC, Bombay Police Act, and Arms Act; trial conducted; judgment on 02-09-2014 convicting Accused Nos. 1 and 2 and acquitting Accused No.3; appeals filed in High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 34, 380, 381
- Bombay Police Act, 1951: 37(1), 135
- Arms Act, 1959: 4, 25
