VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.32 of 2020 registered with Gangakhed Police Station, District Parbhani for the offences punishable under sections 302 , 201 of the Indian Penal Code. His application with similar prayer bearing Cri. M.A. No.124 of 2020 came to be rejected by the learned Additional Sessions Judge, Parbhani vide order dated 21.3.2020.

(2.) Learned counsel for the applicant submits that the prosecution case entirely rests upon the circumstantial evidence and there is no direct evidence in this case. Learned counsel submits that on the basis of the report submitted by one Balaji Sopanrao Kukar, who happened to be the uncle of the applicant dated 20.1.2020, A.D. No.2 of 2020 came to be registered in the concerned police station. Said Balaji has not expressed any suspicion about the death and he has simply reported that deceased Krushna had committed suicide by hanging himself due to his health conditions. Learned counsel submits that during inquiry of the A.D., on the basis of the extra judicial confession allegedly made by the present applicant before his mother, sister, police head constable Haribhau Shinde has lodged the complaint against the applicant. Learned counsel submits that during the course of the investigation statement of mother, sister of the applicant came to be recorded and their statements are to the extent of extra judicial confession allegedly made by the applicant before them where the applicant has admitted his guilt. Learned counsel submits that, however, extra judicial confession is weak type of evidence. Learned counsel submits that except the evidence in the form of the extra judicial confession, there is no other circumstantial evidence connecting the applicant with the commission of the crime. Learned counsel submits that even in the postmortem report particularly in column no.17 shape of the ligature marks are not specifcally mentioned. Learned counsel for the applicant submits that in case of the hanging, ligature marks are usually oblique, whereas in case of strangulation or constricting neck, ligature marks usually appears horizontal in shape. Even, the concerned Medical Offcer, who has conducted postmortem examination, has not noticed any fracture on trachea, larynx, bronchea so also the hyoid bone. Learned counsel submits that ideal signs appearing in case of strangulation are absent in this case. Learned counsel submits that even Balaji, who happened to be the uncle of the applicant, has submitted the report after visiting the spot and seeing the condition of the dead body, wherein he has specifcally stated about death by hanging without suspecting anybody's involvement. Learned counsel submits that even assuming that deceased and the applicant left the house together for going to the said piece of land, however, there is no further connecting evidence as against the applicant about last seen together so far as the land where the dead body was found subsequently. Learned counsel submits that the applicant has a fxed place of residence. He is ready to abide any condition, if imposed by this Court. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that as per the A.D. report submitted by uncle Balaji, the applicant himself has informed to him on phone about the death by hanging of deceased in the agricultural land near Bamni Canal. Learned APP submits that thus inference can be drawn about presence of the applicant alongwith the deceased at the relevant time. Learned APP submits that the applicant has made extra judicial confession before his mother, sister to whom he trust and as such this piece of evidence in the form of extra judicial confession is important piece of evidence. Learned APP submits that deceased and the applicant left the house together for going to the said land and as such deceased was lastly seen alive in the company of the applicant. It is thus for the applicant to explain about death, however, applicant has given false information to his uncle Balaji about death of the deceased as a suicidal death by hanging. Learned APP submits that so far as the postmortem report, particularly, column no.17 is concerned, size of ligature marks are mentioned, which prima facie indicates about horizontal shape of the ligature marks without any oblique directions. Learned APP submits that even the other injuries as mentioned in the column no.17 indicates that deceased had resisted the attempt and in that process sustained injuries on his neck, etc. Learned APP submits that due to his resistance, multiple ligatures appeared on neck of the deceased. Learned APP submits that prima facie there is evidence about homicidal death. The concerned Medical Offcer has opined about death by strangulation. At this stage, it would not be appropriate to discuss in length about said opinion and marshal the evidence. It is for the trial court to appreciate the same. The learned APP submits that, prima facie, there is strong evidence against the applicant. After his release, there is every possibility of tampering with the prosecution evidence, as the witnesses are near and dear ones. The applicant may not be released on bail.