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Syed Farhan Syed Mus vs The State Of Maharashtra
2024 Latest Caselaw 26392 Bom

Citation : 2024 Latest Caselaw 26392 Bom
Judgement Date : 15 October, 2024

Bombay High Court

Syed Farhan Syed Mus vs The State Of Maharashtra on 15 October, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:25695-DB
                                                               Cri.Appeal No.598/2020
                                              ::   1 ::


                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             CRIMINAL APPEAL NO.598 OF 2020

                 Syed Farhan Syed Musa,
                 Age 34 years, Occ. Agri.
                 R/o New Plotting ahead of
                 Madina Patil, Parbhani                    ... APPELLANT

                        VERSUS

                 The State of Maharashtra
                 through Police Station Officer,
                 Nanalpeth Police Station,
                 Parbhani, Taluka & District Parbhani      ... RESPONDENT
                                              .......
                 Mr. P.S. Paranjape, Advocate for appellant
                 Mrs. Uma S. Bhosle, A.P.P. for respondent
                                              .......

                                          CORAM : R.G. AVACHAT AND
                                                  NEERAJ P. DHOTE, JJ.

                             Date of reserving judgment : 18th September, 2024.
                             Date of pronouncing judgment : 15th October, 2024.

                 JUDGMENT (PER R.G. AVACHAT, J.) :

The challenge in this appeal is to a judgment and

order of conviction and consequential sentence, passed by the

Court of Session Judge, Parbhani (Trial Court) on 14/9/2020 in

Sessions Case, No.61/2019, whereby the appellant has been

convicted for the offence punishable under Section 302 of the

Indian Penal Code and therefore, sentenced to suffer

imprisonment for life.

:: 2 ::

2. The case of the prosecution before the trial Court

was as follows :-

The appellant and Mobin (deceased) were friends.

They were residing at Madina Pati area, Parbhani. Mobin was

allegedly a chain-smoker. He would smoke sitting in front of

the house of the appellant and make inappropriate gestures.

The appellant was annoyed thereby.

It was 8.45 a.m. on 23/12/2018. Mobin was

present in front of his house. He was taking selfie on his cell

phone. Shaikh Rahim (P.W.1), cousin of the deceased was

with him. The appellant came on his Pulsar motorbike and

asked Mobin to accompany him for some work. Mobin handed

over his cell phone to P.W.1 Sk. Rahim and went along with

the appellant. The appellant took him to an isolated place on

the campus of Mahavir Theatre. The appellant hit on the head

of Mobin number of blows with a tile. The appellant thereafter

fled away.

3. Somebody had informed the Nanalpeth Police

Station, Parbhani. The brothers of appellant had also rushed to

the crime scene in an autorickshaw. P.W.1 Sk. Rahim having

:: 3 ::

seen them shouting, "Farhan, Farhan". He too followed them

on his motorbike along with P.W.3 Moin, brother of deceased.

4. A crime scene panchanama (Exh.26) was drawn.

The dead body was shifted to the hospital. Inquest

panchanama (Exh.22) was drawn. Mortal remains of Mobin

were subjected to post mortem examination. P.W.1 Sk. Rahim

lodged the First Information Report (F.I.R. Exh.9) by little past

5.00 p.m.

5. Based on the F.I.R. (Exh.9), crime bearing

No.495/2018 at Nanalpeth Police Station, Parbhani for the

offences punishable under Section 302 of the Indian Penal

Code was registered against the appellant. The appellant was

arrested little past 9.00 p.m. on the same day. Blood stained

clothes on his person were seized under the panchanama

(Exh.28). Statements of persons acquainted with the facts and

circumstances of the case were recorded. All the seized

articles were sent to Forensic Science Laboratory, Nanded.

On completion of the investigation, the charge sheet was filed

against the appellant.

:: 4 ::

6. The Trial Court framed the Charge (Exh.5). The

appellant pleaded not guilty. His defence was of false

implication.

7. To establish the charge, the prosecution examined

eight witnesses and produced in evidence certain documents.

The Trial Court, on appreciation of the evidence in the case,

convicted and consequently sentenced the appellant as stated

above.

8. Heard. Learned advocate for the appellant would

submit that the incident took place by 8.45 a.m. on 23/12/2018

at an isolated place. The F.I.R. was lodged 8 hours after the

incident. The informant and other relatives of the deceased

were present at the crime scene from 9.00 a.m. onwards up to

12.00 noon. Neither the informant nor the so called eye

witnesses related the police anything about the appellant to

have taken the deceased with him or having seen him

assaulting the deceased. One of the persons in the crowd had

claimed to have seen the incident. He was not examined. The

station diary entry regarding report of the incident by some

unknown person was not placed on record. According to

learned Advocate, what was informed to the Police Station

officer first in point of time about the murder to have been

:: 5 ::

committed at Mahavir Theatre premises was in fact the First

Information Report and not the report (Exh.9) was lodged by

P.W.1 Sk. Rahim. He would further submit that, the material

witnesses in the case are either relations or friends of the

deceased. The seized articles were sent to FSL 4 days after

the seizure. The same gave scope for the investigating officer

to tamper with the said articles. The learned Advocate meant

to say that the blood of the deceased was applied on the

clothes of the appellant said to have been on his person when

the incident took place. The learned Advocate has placed on

record notes of his submissions. We have perused the same.

We do not propose to reproduce the contents thereof. All in

all, learned Advocate for the appellant would submit that the

prosecution evidence did not establish the guilt of the appellant

beyond reasonable doubt. He, therefore, urged for allowing the

appeal.

9. Learned A.P.P. would, on the other hand, submit

that, P.W.1 Sk. Rahim was the witness to the last seen of the

appellant and the deceased together. The incident took place

within 15 minutes of the appellant taking away the deceased

with him. It was, therefore, for the appellant to come clean and

explain the circumstances about what had happened with the

:: 6 ::

deceased. He failed to explain and, therefore, an inference

has to be drawn that it was the appellant and none else who

committed the murder. She then took us through the evidence

of P.W.2 Azhar, an eye witness to the incident. He had seen

the appellant assaulting the deceased with a tile. According to

her, P.W.3 Moin was also witness as regards last seen of the

deceased in the company of the appellant soon before the

deceased breathed his last. The C.A. reports (Exhs.13 to 17)

indicate the clothes on the person of the appellant were

stained with blood of the blood group of the deceased. She

took us through the entire evidence on record and the reasons

given by the trial Court and ultimately submitted for dismissal

of the appeal.

10. Considered the submissions advanced. Perused

the evidence on record. Also perused the judgment impugned

herein. Let us advert to the evidence and appreciate the same.

11. Admittedly, Mobin met with homicidal death on

23/12/2018. P.W.7 Dr. Amol conducted autopsy on his mortal

remains. He noticed following injuries on the person of the

deceased.

1) Punctured wound over left occipital region with fracture skull of size 4 x 2 x 3 cm.

:: 7 ::

2) Left ear pinna CLW and crush of size 6 x 2 cm.

3)    CLW over left ear of size 4 x 2 cm.

4)    CLW over left eye brow of size 2 x 2 cm.

5)    Abrasion over left shoulder of size 2 x 2 cm.

6)    Abrasion over left shoulder near injury No.5 of size 4 x 2
      cm.



The injuries were ante-mortem. All these injuries

were sufficient in the ordinary course of nature to cause death.

He claimed to have preserved blood, clothes on the person of

the deceased and his finger nails. In his opinion, Mobin died of

intracranial haemorrhage due to multiple fracture of skull with

head injury. The post mortem report finds place at Exh.36.

12. During his cross-examination, it has been brought

on record that the pieces of tile seized from the crime scene

were sent to him by the investigating officer to solicit his

opinion as to whether the injuries suffered by the deceased

could be caused with an assault with those tiles. His evidence

indicates that the tiles were sent in a packet. He did not

prepare panchanama as to opening of the envelope containing

the tiles nor did he draw a panchanama of sealing of the tiles

after having been inspected.

:: 8 ::

13. The question is whether the appellant has

committed the murder of Mobin. P.W.1 Sk. Rahim lodged the

F.I.R. (Exh.9) little past 5.00 p.m. He referred the same in his

oral evidence before the Court. The F.I.R., therefore, came to

be admitted in evidence so as to corroborate his oral evidence

before the Court. It has been specifically stated in the F.I.R.

that, Shakil, cousin of P.W.1 Sk. Rahim had informed him in

the last week that, Farhan (appellant) had warned Mobin

(deceased) since he (Mobin) used to sit in front of his house

and smoke cigarettes. He (Mobin) would also make

inappropriate gestures. The appellant had even warned that if

Mobin (deceased) did not behave properly, it would result into

dire consequences. This matter in the F.I.R. has been

reiterated by P.W.1 Sk. Rahim in his oral evidence on oath.

The question would, therefore, be whether Mobin

(deceased) could have readily accompanied the appellant

to go with him alone when he had a threat from appellant.

14. It is in the evidence of P.W.1 Sk. Rahim that on

23/12/2018 he had gone near to the house of his parental aunt

Karimabi. Mobin (deceased) was Karimabi's son. He was

present outside of his house. Mobin was watching Tik-tok on

his cell phone and even took a selfie. He was sporting a black

:: 9 ::

cap and enquired with P.W.1 Sk. Rahim as to how did he look

with the cap. It is further in his evidence that, within 15

minutes the appellant came on his motorbike and asked Mobin

to accompany him as he had some work for 10 minutes. The

appellant took Mobin with him. Mobin handed over his cell

phone to P.W.1 Sk. Rahim before leaving with the appellant.

After a while, his another cousin Moin (real brother of Mobin)

came with a hand-cart. He saw Imran and Javed (brothers of

appellant Farhan) were running along the road. Moin enquired

with them what had happened. They only said, "Farhan".

They engaged an autorickshaw and proceeded further. P.W.1

Sk. Rahim and Moin, therefore, followed them on a motorbike

to see what had happened. It is further in his evidence that,

they told him to reach Mahavir Tehatre. He, therefore, went to

the premises of Mahavir Theatre and saw Mobin lying in

injured condition. Moin had suffered head injury. Pieces of

tiles stained with blood were lying there. Mobin was not

responding. People gathered at the spot. One of the persons

from the crowd informed that he knew Mobin. He also

informed to have seen the assailant inflicted on the head of

Mobin with tile. He even claimed that he could identify the

assailant. Thereupon, he came to know name of the assailant

as Shaikh Farhan (appellant). He, therefore, approached

:: 10 ::

Nanalpeth Police Station and lodged F.I.R. (Exh.9). The

articles taken charge of from the crime scene were shown to

him. He identified the clothes of the appellant and deceased as

well besides pieces of tile, Islamic Handkerchief and the cap.

15. P.W.1 Sk. Rahim was subjected to a searching

cross-examination. His evidence indicates that, he was

resident of Rahim Nagar area. While the deceased Mobin was

residing at Madina Pati. The deceased was son of his paternal

aunt. Since it was a Sunday, he had a holiday. He did not

disclose in the F.I.R. any reason for which he had been to the

house of his aunt Karimabi by 8.30 in the morning on the

fateful day. In his evidence, he did not state why for he had

been to the house of his aunt. When the deceased was taking

selfie, no third person was present around. He did not have

any talk with Imran, Javed or Moin by 8.30 in the morning. A

topography at the crime scene was brought on record through

his cross-examination. The same indicates that there were

hotels, tea stalls and Pan shops as well. A Police Chowki was

situated at a distance of 50 ft. from the crime scene. The

police had arrived at the crime scene. Panchanama was

drawn in his presence. Even he was present in the hospital

while post mortem examination was conducted. In his

:: 11 ::

presence, the police were making enquiry with the people

present there as to how the incident had happened. No one

stated anything. According to him, he disclosed the police that

Mobin had accompanied the appellant. He, however, did not

suspect the appellant to have killed Mobin. He did not lodge

the report to the police on the spot itself. According to him, he

was not aware about the exact incident and therefore, he did

not lodge the report then and there. He admitted that the F.I.R.

is silent to state therein what kind of clothes were on the

person of the appellant and the deceased as well. He had

lodged the report in Hindi. He denied to have given false

evidence in view of his relationship with the deceased.

16. P.W.2 Sk. Azhar testified that, by 7.30 in the

morning on 23/12/2018, he left the house for purchasing

vegetables. His friend Shamsuddin was with him. They went

to the market on motorcycle. After having purchased

vegetables, they stopped for taking tea in Bombay Hotel,

situated in front of Mahavir Theatre. It was about 8.45 a.m.

Both, the appellant and Mobin came at a Pan Centre adjacent

to Bombay hotel. Mobin took two cigarettes. Then they

entered the premises of Mahavir Theatre. It is further in his

evidence that, as he knew that Mobin never smoke cigarette,

:: 12 ::

therefore, he followed them to see what they were going to do.

It is further in his evidence that, he saw quarrel between both,

the appellant and Mobin. The appellant had fallen Mobin on

the ground. The appellant hit on Mobin's head with tile. He

was frightened and, therefore, came out of the premises of

Mahavir Theatre to seek help of people. However, no one

came to rescue. He then went to the house of cousin of Mobin

in Rahim Nagar and informed him about the incident and again

came back to the spot. On his return to the spot, he learnt

Mobin to have passed away.

17. It is in his evidence that, his statement was

recorded by police late in the evening on the next day. It was

he himself who went to the Police Station to give his

statement. He was a childhood friend of the deceased Mobin.

Mahavir Theatre was surrounded by shops and hotels. It was a

crowded place. Vegetable market was also around. He did

not go to the house of deceased Mobin to inform his family

members about the incident. He directly went to Rahim Nagar

instead of Madina Pati area. He denied that Mobin had habit

of smoking. He used to meet Mobin twice a week. It is further

in his evidence that the crime scene was a place visited by

people for urinating. He did not intervene to save Farhan. A

:: 13 ::

Police Chowki was situated in the nearby besides Nanal Peth

Police Station at a distance of 500 to 600 ft. away from

Mahavir Theatre. He did not approach the Police Station the

same day. It is further in his evidence that, he was at the crime

scene for 2/3 hours. The police were making enquiry as to

how did the incident took place. He did not relate the police

anything.

18. P.W.3 Sk. Moin was the brother of deceased

Mobin. It is in his evidence that, little past 8.00 in the morning

on 23/12/2018, he was proceeding with his cart for business.

Mobin was present outside the house. The appellant came

there on his motorbike and asked Mobin to accompany him for

a cup of tea. Then both, the appellant and Mobin went on the

motorbike. He then saw the brothers of the appellant running.

They were shouting, "Farhan". Both of them then engaged an

autorickshaw and went ahead. He, therefore, along with P.W.1

Sk. Rahim followed them on motorbike. They went to Mahavir

Theatre premises. He saw his brother Mobin lying in front of a

Pan Stall. Mobin had suffered head injury. Thereafter one

unknown person came and said that he had seen one person

assaulting Mobin.

:: 14 ::

19. It is in his cross-examination that, it was 9.00 in the

morning, Imran and Javed (brothers of the appellant) had

asked them to proceed towards Mahavir Theatre. He was not

in the know towards which place Mobin had gone along with

the appellant. Police had also come to the spot. He did not

disclose the police the appellant to have taken Mobin with him.

20. Exh.22 is the inquest panchanama. The person

who showed the dead body was named - Nilesh Namdeo

Mitkari.

21. P.W.4 Sk. Mohsin is a witness to the inquest

panchanama (Exh.22) and crime scene panchanama (Exh.26).

His cross-examination indicates that, he would live nearby the

house of the deceased. It is surprising as to why the

investigating officer did not avail services of persons, who had

gathered as on-lookers, to act as a panch witness. Be that as

it may.

22. P.W.5 Sk. Shadul is a witness to the arrest

panchanama (Exh.28). It is in his evidence that, a white colour

shirt, a pant and Islamic Rumal (handkerchief) were seized

besides a slipper pair. He was confronted with the seizure

panchanama. He admitted that the panchanama did not

:: 15 ::

contain that the articles taken charge of were kept in a packet

and sealed. He also admitted that, he would reside in the

locality in which the deceased would.

23. P.W.6 Rajesh was a Police Naik who carried the

seized muddemal articles to FSL, Nanded on 1/1/2019. He

tendered in evidence the office copy (Exh.32) of the forwarding

letter. His cross-examination indicates that, the packets of tiles

were returned by the FSL with a direction to resubmit them

with separate numbering. He further stated that the sample

articles were opened by the officials of FSL in his presence.

24. P.W.8 Sunil did the investigation of the crime. His

evidence indicates that, he reached the crime scene pursuant

to the information given to him by the Police Station Officer.

The said Police Station Officer has not been examined as a

witness nor station diary entry has been placed on record. He

claimed to have prepared the crime scene panchanama

(Exh.26), inquest (Exh.22) and seized articles from the crime

scene. He then arrested the appellant under panchanama

(Exh.47) and seized the clothes on his person. According to

him, he sent all the seized articles to FSL through P.W.6

Rajesh.

:: 16 ::

25. In the cross-examination, the investigating officer

testified that, in spite of having come to know that a cognizable

offence is committed, he did not record statement of the Thane

Ammaldar (Police Station Officer). He did not make efforts to

find the person who had informed the Police Station about the

murder to have taken place on the premises of Mahavir

Theatre. He did not file on record the station diary entry in that

regard. He has recorded the statements of Pan Stall owner

and Hotel owner as well. He reached the crime scene by 9.30

in the morning. There was a crowd. Since he did not receive

the information about the name of the assailant, he could not

mention the name in Column No.13 of the inquest

panchanama. He admitted that, the clothes of the deceased

were not sent to him in sealed condition by the Medical Officer.

He denied to have tampered with the clothes of the appellant

with the blood of the deceased. According to him, Constable

Aghav had collected the blood of the deceased in a sealed

condition from the Medical Officer. Constable Aghav has not

been examined. The appellant was medically examined. No

injuries were seen on his person. According to him, he learnt

from the F.I.R. that Mobin was a smoker. He testified that, he

learnt from other witnesses that Mobin did not smoke. Neither

the cigarette, its butt or lighter or match box was found at the

:: 17 ::

crime scene. The dead body was lying near a Pan Stall. He

did not record statement of a Pan Stall owner. The panchas

were not from the vicinity of the crime scene. The

panchanama of seizure of clothes of appellant is silent to

record therein that substituted clothes were brought from his

house and provided him to put on his person. According to

him, P.W.1 Sk. Rahim has not stated the nature of clothes the

appellant was wearing while he had come to take Mobin with

him. He further testified that the labels bearing signature of the

panchas were not pasted on the envelopes. He volunteered to

state that those were put in the envelope.

Aforesaid is the evidence in the case.

APPRECIATION:

26. The incident took place little past 8.45 a.m. on

23/12/2018 on the premises of Mahavir Theatre at Parbhani.

The appellant had allegedly come to the place of the deceased

to take him with him for some work. It was so stated by P.W.1

Sk. Rahim in his evidence. P.W.1 Sk. Rahim is admittedly a

cousin of the deceased. He was resident of Rahim Nagar. He

could not state either in his oral evidence or in the F.I.R. the

reason for his visiting the housing of his parental aunt

:: 18 ::

Karimabi, mother of the deceased. The same indicates he

was a chance witness. His evidence indicates that the

brothers of the deceased were seen running along the road,

shouting with the name of the appellant. They engaged an

autorickshaw and proceeded further. He, therefore, along with

P.W.3 Moin followed them on a motorbike. They went to the

premises of Mahavir Theatre to notice Mobin to have been

lying in injured state. He had suffered head injury. Many

persons had gathered. Police too arrived in a short while.

One of the persons gathered claimed to have seen the incident

and even stated that he could identify the assailant. The

record indicates the said person might be Nilesh Mitkari. For

the reasons best known to the investigating officer, he was not

examined. When the incident took place in front of a Pan Stall,

statement of the Pan Stall owner was also not recorded. The

evidence of P.W.1 Sk. Rahim is only to the extent of the

appellant to have been lastly in the company of the deceased

and gap between the company of the deceased breathing last

was so short to implicate the appellant in the crime, still he did

not express suspicion about the appellant to have committed

murder. In spite of the fact that the police had been at the

crime scene up to 12.00 noon and he was there all along till

then, he did not state the same to the police although he

:: 19 ::

stated to have told the police accordingly, if the police had not

recorded the same, admittedly, the Police Chowki was at a

distance of 50 ft. away from the crime scene. While Nanalpeth

Police Station was at a distance of about 600 ft. away from the

crime scene. Still P.W.1 Sk. Rahim did not approach the

Police Station immediately to lodge the F.I.R. The F.I.R.

indicates it was lodged little past 5.00 p.m. i.e. little over 8

hours after the incident. The presence of P.W.1 Sk. Rahim

was sought to be fortified by the evidence of P.W.3 Moin who

claimed to have accompanied him to the crime scene. While

the evidence of P.W.1 Sk. Rahim indicates that allegedly the

appellant came and took Mobin with him, nobody was around

and after a while, P.W.3 Moin came with a cart. Even we

accept that P.W.3 Moin was there at the crime scene along

with P.W.1 Sk. Rahim, he too did not disclose the police about

the incident or expressed suspicion against the appellant.

When there is evidence to indicate that the appellant and the

deceased had bought two cigarettes from the Pan Stall and

then went on the campus of Mahavir Theatre. Neither the

cigarette nor its butt or a match box or lighter was found at the

crime scene. The motive behind the crime is said to be the

deceased used to smoke sitting in front of the house of the

appellant. While the investigating officer testified that some of

:: 20 ::

the witnesses disclosed him that the deceased was non-

smoker. In spite of availability of independent witnesses, none

of them has been examined. According to P.W.1, appellant

had threatened the deceased earlier with dire consequences

as he used to sit in front of his house and smoke a and make

inappropriate gestures. Then it is doubtful to believe that the

deceased would readily accompany the appellant.

27. P.W.2 Azhar was a childhood friend of the

deceased. He too is, therefore, interested witness. According

to him, he was in the market along with Shamsuddin. He

testified that, the deceased never smoke and still purchased

the cigarettes. He followed him to the Campus of Mahavir

Theatre to see a quarrel between the appellant and the

deceased. He testified the appellant to have assaulted the

deceased on his head with a tile. He was a childhood friend of

the deceased and was accompanied by another person named

Shamsuddin, still did not intervene to save Mobin. His conduct

is unnatural. Same is the case of about having not reported

about the incident, being an eye witness, at the earliest point of

time, when a Police Chowki was at 50 ft. away from the crime

scene and Nanalpeth Police Station at a distance of little over

500 ft. Even after the incident, he did not go to the house of

:: 21 ::

the deceased to relate his family members about having

witnessed the incident. It is only after about 60 hours he on his

own went to the Police Station and gives the statement to have

witnessed the incident. His conduct in not intervening to save

the deceased and not approaching the police at the earliest

point of time lead us to observe his evidence to have not been

inspiring confidence. In spite of availability of independent

witnesses for various panchanamas, the investigating officer

preferred to avail the services of the persons who were the

residents of the locality wherein the deceased would reside.

As such, except the carrier and the investigating officer, all the

witnesses examined by the prosecution were either the

relatives, close friends and/or the residents of the locality

wherein the deceased resided.

28. Then what remains is the evidence as regards

blood stains on the clothes of the appellant. Admittedly, the

appellant was arrested little past 9.00 p.m. i.e. after 12 hours of

the incident. It is just difficult to imagine that he would wander

or conceal himself with the very clothes which were stained

with blood of the deceased until he was arrested. The arrest

panchanama is silent to indicate wherefrom the clothes were

obtained to give the appellant for replacing the clothes on his

:: 22 ::

person at the time of arrest. The arrest panchanama is in a

printed form, indicating one of the clauses therein that the

articles were seized and sealed. When all the articles relating

to the crime were seized on the same day, those remained at

the Police Station for 4 days before sending them to FSL,

Nanded. It was specifically suggested to the investigating

officer that he tampered with the clothes of the appellant with

the blood of the deceased.

29. The record indicates that, at the fag end of the

conclusion of the trial, the C.A. reports (Exhs.14 to 19) were

received. They were straightaway admitted in evidence. The

blood of the deceased was found to be unfit for ascertaining

his blood group. It is only from the clothes on his person his

blood group is stated to be "O", while the blood group of the

appellant is "A". There is nothing to indicate the defence to

have allowed the C.A. reports to be admitted in evidence as it

is. True, by virtue of Section 293 of the Cr.P.C., the reports

could be read in evidence. When the C.A. report pertaining to

the clothes of the deceased is an incriminating material, the

same has not been put to the appellant in his examination

under Section 313 of the Cr.P.C. We are conscious of the fact

that the said exercise can be done at appellate stage. We

:: 23 ::

could have done so, but for the rest of the evidence to have

been found to be not inspiring confidence to lead us to

conclude the appellant to be author of the crime. On

reappreciation of the evidence in the case, we find the Trial

Court ought not to have convicted the appellant based on such

evidence. We are, therefore, not at one with the findings

recorded by the Trial Court holding the appellant guilty of the

offence of murder. Interference with the order impugned

herein is, therefore, warranted. In the result, the appeal

succeeds. Hence the order:

ORDER

(i) The Criminal Appeal is allowed.

(ii) Conviction of the appellant for the offence punishable

under Section 302 of the Indian Penal Code vide judgment and

order dated 14/9/2020 in Sessions Case No.61/2019, passed

by learned Session Judge, Parbhani is hereby set aside. The

appellant is acquitted thereof. The appellant be set at liberty

forthwith if not required in any other case.

(NEERAJ P. DHOTE, J.)                         (R.G. AVACHAT, J.)


fmp/-
 

 
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