Bombay HC acquitted a convicted man by trial court for murdering a woman on grounds of Questionable Investigation

Bombay HC acquitted a convicted man by trial court for murdering a woman on grounds of Questionable Investigation

The Bombay High Court acquitted a convicted man by trial court for murdering a woman on grounds of Questionable Investigation.

Background 

The case of the Prosecution is that at about 3:30 PM, Narayan Kisan Giri , the Village Police Patil of Ranvali Village, received a phone call from a lady called Chitrangi Chandrakant Shirpurkar a resident of Ranvali Village. She informed him that an unknown person had killed Savitri Sagar Pawar by strangulation and her dead body was lying in the jungle area. She asked him to proceed to the spot of the incident. Giri reached the spot and found the deceased, lying dead on barren land belonging to Pravin Sundar Gogarkar, with a cotton towel entangled around her neck and dry blood oozing out from her mouth, neck, cheek, and head. The husband of the deceased Sagar Pawar, Chandrakant Shirpurkar and the Appellant were found sitting near the body of the deceased.

Arguments

Advocate Aashish Satpute, appearing for the appellant, contended that the investigation by the police authorities to unearth the evidence pertaining to the incident was improper and inadequate. 

He argued that the impugned judgment and order is not only based on faulty investigation conducted by the police authorities but has been passed without appreciating the facts and circumstantial evidence on record, and has been passed based on mere conjectures.

Decision

The division bench of Justice Milind N. Jadhav and Justice S.S. Shinde found that there are serious shortcomings in the Prosecution’s case to prove that the Appellant and the Accused killed the deceased. The child who is said to be the sole eyewitness to the incident and upon whose evidence the Prosecution relies highly, is vague, fraught with inconsistencies, has been contradicted by statements of other witnesses, and lacks adequate corroboration.

The court said that the Trial Court has erroneously arrived at a conclusion that the evidence given by Prosecution witnesses corroborate each other on material particulars and shows that the Appellant and the Accused had killed Savitri Pawar by strangulating her with a towel.

The court set aside the impugned judgment and order passed by the Sessions Judge, Mangaon, District Raigad and reversed the findings and the sentence of the Trial Court convicting the Appellant of the offense under Section 302 IPC read with Section 34 IPC and acquitted the Appellant.

Case title: Ganesh Bhagya Mandavkar v/s The State of Maharashtra

Citation: CRIMINAL APPEAL NO. 1021 OF 2019

Click here to read the Order/Judgment

Leave a Reply

Your email address will not be published. Required fields are marked *