ALOK KUMAR SUBHEDAR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30/4/2001 passed by the IInd Additional Sessions Judge, Thane, convicting the appellant - Alok Kumar Subhedar Singh for offence of murder of Rajnarayan Suryanarayan Dube @ Pandit under section 302 of the Indian Penal Code and the sentence of life imprisonment and fine of Rs.5,000.00. The accused has also been convicted for offence punishable under section 201 of the IPC and sentenced to suffer rigorous imprisonment for seven years and pay fine of Rs.2,000.00 and in default, to rigorous imprisonment of six months.

(2.) THE prosecution story in brief is as under : On the night between 26th and 27th January, 1998, two watchmen viz. Yuvraj Avghade (PW-1) and Ramdas Mhatre (PW-2) employed in Reliance Silicon Company (for short, "the Company") were taking a round in the Company's premises bearing Plot No.W192 in MIDC Khairna, near Turbha. The watchmen felt a foul smell of something burning and, therefore, searched for the origin of the smell. They saw something is burning in the adjoining Plot No.212. They also saw the accused standing near by. Becoming suspicious, they called the third watchman and went near the burning spot. Seeing the watchmen, the accused attempted to run away but the two watchmen followed and caught hold of him. They found one half burnt body of a man being burnt at the spot. They, therefore, telephoned the police. PSI Arun Kadam (PW-5) came to the spot and apprehended the accused. It is the case of the prosecution that when the watchmen apprehended the accused, he said to them "mai jisco marna tha mar diya, jo kam karna tha who kar diya". (I killed the person whom I wanted to kill. I completed the work which I wanted to complete.) Thereafter, the police arrested the accused in the presence of a pancha Vidyadhar Palkar (PW-4). At the time of the arrest, the police noticed some injuries on the body of the accused and also noticed blood stains on the clothes of the accused. The accused was carrying one black bag. The black bag and the clothes of the accused were seized. After completion of the investigation, the accused was charged for having committed murder of Rajnarayan Suryanarayan Dube (for short, "the deceased") in Room No.2 in Plot No.A-32, near Synthetic Stone Company's construction work by assaulting him with an iron rod. The accused was further charged for attempting to cause disappearance of evidence of murder by burning the body of the deceased.

(3.) AT the outset, it must be stated that there is no eye-witness and the conviction is based solely on circumstantial evidence. Relying upon the decision of the Supreme Court rendered in Sharad Birdhichand Sarda v. State of Maharashtra reported in AIR 1984 SC 1622 the Sessions Judge summarised the law relating to appreciation of circumstantial evidence in the following words: "The following conditions must be fulfilled before a case against an accused based on circumstantial evidence can be said to be fully established.