Bombay High Court
Suresh Suklal Mahajan vs The State Of Maharashtra on 20 December, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2023:BHC-AUG:26848-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3023 OF 2023
IN APPEAL/734/2023
SURESH SUKLAL MAHAJAN
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. B.R. Waramaa, Advocate for applicant
Mr. S.D. Ghayal, APP for respondent
...
CORAM : SMT. VIBHA KANKANWADI &
ABHAY S. WAGHWASE, JJ.
RESERVED ON : 12th DECEMBER, 2023
PRONOUNCED ON : 20st DECEMBER, 2023
ORDER :
(PER : SMT. VIBHA KANKANWADI, J.)
1 Present application has been filed for suspension of sentence by
the original accused. He stood prosecuted in Sessions Case No.255/2021, for
the offence punishable under Section 302 of the Indian Penal Code, 1860
before learned Additional Sessions Judge, Jalgaon, Dist. Jalgaon. By
Judgment and order dated 12.07.2023, he has been held guilty and has been
sentenced to suffer imprisonment of life and to pay fine of Rs.5,000/-
(Rupees Five Thousand only), in default to suffer simple imprisonment for
three months for having committed an offence punishable under Section 302
2 Cri.Appln_3023_2023
of the Indian Penal Code.
2 Heard learned Advocate Mr. B.R. Waramaa for the applicant and
learned APP Mr. S.D. Ghayal for the respondent.
3 It has been vehemently submitted on behalf of the
appellant/applicant that the appeal filed by the present appellant to
challenge his conviction under Section 302 of the Indian Penal Code is
admitted and it will take long time to hear and dispose of the appeal.
Though the appellant was tried as Under Trial Prisoner; yet, now at the stage
of appeal it is required to be seen as to what evidence has been adduced
against him. The prosecution has examined in all 13 witnesses to bring home
the guilt of the accused, however, the quality of the evidence is required to be
seen. The accused has admitted the inquest panchnama and also from the
testimony of PW 10 Dr. Vaibhav Sonar, Medical Officer, who conducted
autopsy, it appears that prosecution has proved that the death of deceased
Vandana was homicidal in nature. However, the said murder is alleged to
have taken place in her house, which she had taken on rent. When the First
Information Report was lodged, it was against unknown person. PW 4
Navneet Patil, who is the son of the deceased, gave call to PW 2 Kunal Patil,
who is also a tenant residing on the first floor of the building to see as to why
the mother is not responding to his call. Thereupon it was revealed that
3 Cri.Appln_3023_2023
Vandana was lying in pool of blood. Police were called. The case is based on
circumstantial evidence and, therefore, prosecution was bound to establish
the chain of circumstantial evidence. The testimony of PW 1 Ramesh Sanap
appears to be formal in nature as he is the landlord, but came to the spot
after he was informed. PW 3 Ramlal Pawar is the neighbour of the deceased,
on whom the learned trial Judge has relied and it is said that deceased
Vandana along with accused had gone to his place around 7.00 to 7.30 p.m.
on the earlier day, when he handed over money which was kept by Vandana
with him to her. It cannot be taken as circumstance of last seen together as
the time of death has not been told by the autopsy Doctor. A conviction
cannot be based on the discovery under Section 27 of the Indian Evidence
Act. Therefore, the appellant has every hope of success in the case. He need
not be kept behind the bars.
4 Per contra, the learned APP strongly supported the reasons given
by the trial Court while convicting the appellant. It is submitted that there is
strong evidence against the appellant and the chain of circumstantial
evidence has been firmly established. It was a brutal murder of Vandana and
the discovery after memorandum given by the accused had led to the various
articles including the knife used in the commission of the crime. The
evidence also rests on last seen together around 7.00 to 7.30 p.m. on the
4 Cri.Appln_3023_2023
earlier day when both accused as well as deceased had gone to the house of
PW 3 Ramlal. The son of the deceased is categorical in saying that though
accused was already married, he had relations with Vandana and they were
residing together. It was for the accused to explain the circumstances in
which Vandana was found dead/murdered in the house. The accused has not
taken the plea of alibi and, therefore, this is not a fit case where he should be
released on bail by suspending the sentence.
5 At this stage, we are supposed to consider the evidence prima
facie and we are not supposed to undertake a meticulous discussion in
respect of the evidence adduced by the prosecution. It appears that it is
certainly proved that Vandana's death was homicidal in nature, taking into
consideration the testimony of PW 2 Kunal, the inquest panchnama which
has been admitted by the accused and PW 10 - the autopsy Doctor. It was
then the question to prove the guilt of the accused beyond reasonable doubt,
for which the prosecution has relied on the circumstantial evidence. The said
circumstance is that the son of the deceased himself is saying that his mother
had relations with accused and he used to stay with his mother.
6 He as well as his wife used to stay with mother about 1 to 1½
months prior to the incident, but then he said that he has shifted to Tondar.
The second aspect in the chain is that PW 4 Navneet had given phone call to
5 Cri.Appln_3023_2023
PW 2 Kunal when he found that mother is not responding to the call and
then PW 2 going to the house of Vandana and finding that she has been
murdered. The next circumstance, of which the evidence has been led, is the
testimony of PW 3 Ramlal Pawar, who resides in the vicinity and says that
accused and the deceased had come to his house around 7.00 to 7.30 p.m. a
day prior to the incident. He says that he gave them their money which they
had asked him to keep with him. He has then identified the accused before
the Court. The further evidence is the discovery panchnama which has been
got proved through PW 7 Satish Shinde together with testimony of PW 5
Anilkumar Mishra, the photographer and PW 12 Dy.S.P. Mr. Pratap Shikare,
the Investigating Officer. There is also seizure of the clothes of the deceased
as well as the accused and it is stated that the clothes of the accused were
blood stained. The C.A. report shows that it contained human blood,
however, the blood group was inconclusive. Thus, it can be seen that there is
evidence against the present appellant. Whether the testimony of PW 3
Ramlal can be considered on the point of last seen together or not would be
decided at the time of final hearing. The accused was not released on bail
throughout the trial and, therefore, this is not a fit case where his sentence
should be suspended. Application stands rejected.
( ABHAY S. WAGHWASE, J. ) ( SMT. VIBHA KANKANWADI, J. )
agd
Signed by: Amol G. Donge
Designation: PA To Honourable Judge
Date: 20/12/2023 15:08:46
