SUPREME COURT OF INDIA

Before:-U.C. Banerjee and B.N. Agrawal, JJ.

Criminal Appeal Nos. 823 of 2000 with No. 1122 of 2000. D/d. 14.3.2002.

Baba - Appellant

Versus

State of Maharashtra - Respondent

Indian Penal Code, 1860, Sections 302 and 452 - Murder - Conviction - Circumstantial Evidence - Accused alleged to have murdered deceased by inflicting knife blows - Conviction challenged - Knife wound on the chest of deceased lending assurance to the version of eye-witnesses - Testimony of eye-witness corroborated by medical evidence - Held, conviction proper.

[Paras 6 to 10]

ORDER

U.C. Banerjee, J. - The appellant is in appeal against the judgment of the High Court of Bombay in Criminal Appeal No. 217 of 1994 relating to an order passed by the Ist Additional Sessions Judge, Nagpur in Sessions Trial No. 94 of 1988 on 20-6-1994 whereunder the accused-appellant was convicted along with two other accused persons for the offences under Sections 302 and 452 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs 1000 each, in default, rigorous imprisonment for six months, and rigorous imprisonment for one year and to pay a fine of Rs 500 each, in default, rigorous imprisonment for three months respectively.

2. The prosecution case in brief runs as below:

On 13-9-1987 at around 9.00 p.m., the appellant Baba (Original Accused 4) along with one Sheshrao (Original Accused 1) and Vithal (Original Accused 3) all of a sudden entered the house of the deceased Shankarrao and assaulted him with knife-blows on his chest. Thereafter, deceased Shankarrao was brought out of the house by the accused persons and he was dragged to a place near Kumbhar Galli where he was assaulted by appellant Sheshrao with a knife inflicting blows on his chest and abdomen. His wife Rukmabai raised cries when her husband deceased Shankarrao was still being assaulted and was almost done to death. She shouted for help to rescue her husband from the clutches of the appellants and because of her cries and shouts some persons gathered near the place of incident. The appellants immediately fled away from the place of occurrence. Rukmabai then rushed to the house of Police Patil Dashrath Chikhale (PW 4) and informed him that her husband was done to death by the appellants. Dashrath Chikhale accompanied Rukmabai to the place of occurrence. He saw the dead body lying in the lane. The clothes of the deceased were stained with blood. He recorded the complaint given by Rukmabai and submitted it to Police Station Katol by going to the police station personally. PSI Islam (PW 14) was attached to Police Station Katol; on 13-9-1987 and at about 2345 hours, he received the complaint and on the basis thereof an offence was registered bearing Crime No. 278 of 1987 under Sections 302, 454 read with Section 34 of the Indian Penal Code. He also lodged a first information report on the basis of the complaint. PSI Islam, on the same day visited the spot and in the presence of Police Patil Dashrath Chikhale prepared spot panchnama, inquest panchnama of the dead body of deceased Shankar and sent the same to Municipal Hospital, Katol, through Police Constable Bhaskar for carrying out the autopsy. The usual formalities were complied with and the post-mortem was performed at Municipal Hospital, Katol on 15-9-1987 and the following injuries were found on the dead body of the deceased:

'(1) Stab wound over the left lateral abdominal wall along posterior axillary line 8" below from the left axilla, size was 2" x 1" obliquely situated and is cavity-deep. Edges are clean-cut narrowing towards downward. Blood clots were seen and intestine is easily seen through the wound caused by hard, pointed and sharp object.

(2) Stab wound over the left lateral abdominal wall along the posterior axillary line 1" below Wound 1, obliquely situated, size 1" x 1" cavity-deep; edges are clean-cut; blood clots seen, caused by hard, pointed and sharp object.

(3) Stab wound over the left side of the chest just below the left aorta, transversely situated, size 1¼" x ½" x ¾"; direction of the wound towards the chin; blood clots were seen; edges are clean-cut, caused by hard, pointed and sharp object.

(4) Abrasion at the left hypochondrial region, transversely situated, 3" x ¼" superficial caused by hard, blunt and rough object; blood clots were seen.

(5) Abrasions ? three in number in the left hypochondrial region, transversely situated, the size was:

(1) 1" x ½" superficial.

(2) ¾" x ¼" superficial.

(3) ½" x ¼" superficial.

blood clots were seen caused by hard, blunt and rough object.

(6) Contusion over the left anterior superior iliac point left iliac crest. Swelling present, size 2½" x 1" regular, blackish in colour caused by hard, blunt and rough object. All these injuries were ante-mortem. The probable cause of death is due to shock due to severe haemorrhage due to injuries to spleen, kidney (left) and renal vessel and descending aorta as shown in columns 20 and 21 in post-mortem report (Exhibit 41).'

3. The trial commenced and at the trial before the Additional Sessions Judge, the charge was framed against the accused persons and upon recording of evidence, the learned Sessions Judge came to a definite conclusion as regards the guilt of the accused persons and sentenced them as noticed above.

4. The accused persons thereafter moved the High Court. The High Court disposed of the appeal by confirming the sentence and hence the appeal before this Court.

5. It appears from the records that the entire evidence has been scanned through by both the learned trial Judge as also by the appellate court. The High Court upon such scanning relied upon the evidence of Rukmabai, being the wife of the deceased. The High Court in its judgment in paragraph 17, recorded as below:

'17. The clothes of Accused 1 came to be seized when he was arrested. There were stains of blood on his clothes. As stated earlier, along with the clothes of the deceased and the weapon of assault i.e. knife (Article 11), the clothes of Accused 1 were also sent to the Chemical Analyser for analysis. The report of the Chemical Analyser (Exhibit 44) shows that human blood was detected on the knife (Article 11). The clothes of the deceased were stained with blood of Group ?A?. The blood detected on the clothes of Accused 1 is human and of Blood Group ?A?. It is also pertinent to note that the blood group of blood of Accused 1 is ?B?. Accused 1 has not explained as to finding of blood on his clothes. That the finding of the blood of Blood Group ?A? on the clothes of accused when the blood group of the deceased was ?A? and that of Accused 1 is ?B?, we find this circumstance closely connecting Accused 1 with commission of assault on the deceased and that lends assurance to the version of the witness Rukmabai that Accused 1 assaulted her husband with knife. So far as Accused 4 is concerned, the fact that the deceased sustained injuries on his chest which was caused by knife, it again lends assurance to the version of Rukmabai wherein she has stated that accused Baba i.e. Appellant 3 assaulted her husband with knife giving a blow on his chest inside the house. So, for all these reasons the evidence of witness Rukmabai is acceptable and considering that evidence of Rukmabai is corroborated by medical evidence, we feel satisfied that Appellants 1 and 3 assaulted the victim and he was done to death and as such they have committed the offence of murder.'

6. The learned advocate appearing in support of the appeal strenuously contended that even a bare perusal of the evidence of Rukmabai cannot possibly lead to a conclusion as has been, in fact, reached by the High Court. There is no direct involvement of the appellant herein and as such question of any sentence being confirmed under Section 302 of the Indian Penal Code would not arise. As regards the issue of statement of the accused under Section 313 Criminal Procedure Code, 1973 the learned advocate contended that Section 313 Criminal Procedure Code, 1973 being one of the basic requirements of criminal jurisprudence and since the same does not stand complied ? resulting in failure of justice. The learned advocate, however, has lost sight of the fact that the error, if any, stands rectified by the High Court. It has further been contended that in the justice delivery system and for proper administration of justice a further opportunity ought to be given to the accused persons to lead defence evidence before the court and the matter ought to be adjourned on that score awaiting the evidence as may be available on record. The learned advocate contended that interest of justice warrants such an examination and this Court under Articles 136, 141 and 142 of the Constitution would be pleased to direct further examination of the witnesses.

7. In our view, this prayer is rather belated and cannot be accepted by reason of the fact that in the original examination under Section 313 Criminal Procedure Code, 1973 before the trial Judge a specific question was asked as to whether the accused person desired to examine any defence witness and a specific reply came forth from the accused rather promptly, in the negative. The High Court thought it fit however to enter into the arena of Section 313 Criminal Procedure Code, 1973 examination afresh by reason of incompleteness of the examination and in the examination before the High Court the accused-appellant herein stated that the latter would be desirous of examining three more witnesses; when put forth by the High Court in the form of a definite question as to why the same stand was negated before the trial court then came the reply from the appellant herein to the following effect:

'It is true that in the trial court I said ?no? to examine the witnesses, but now I want to examine witnesses in my defence.'

8. The High Court obviously did not place any reliance on such a prayer and, if we may say so, correctly and dealt with the issue on the basis of the evidence available on record. Both the forums, to wit, the trial court and the High Court appreciated the evidence and came to the conclusion that the evidence tendered by Rukmabai is a trustworthy piece of evidence and the same has inspired confidence in the mind of the court; resultantly its acceptance also cannot be decried.

9. On a plain reading of the records and the evidence available, we cannot but lend our concurrence to the observations of the High Court as regards the truthfulness and acceptability of the evidence of Rukmabai, being an eyewitness to the situation noted above.

10. In that view of the matter, we are unable to record our concurrence to the submissions made in support of the appeal. The appeal, therefore, fails and is dismissed accordingly.

Criminal Appeal No. 1122 of 2000

11. The view we have taken in Criminal Appeal No. 823 of 2000 and by reason of the fact that the same judgment has been challenged in this appeal as well, we are unable to record our concurrence with the submissions made in support of the appeal. In any event, the additional submissions of Section 233 read with sections 313(1)(b) and 313(2) of the Code of Criminal Procedure, 1973 do not have any support on the factual score as the records depict otherwise.

12. The appeal is dismissed accordingly.