{"id":271273,"date":"2007-05-09T00:00:00","date_gmt":"2007-05-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/vikram-ors-vs-state-of-maharashtra-on-9-may-2007"},"modified":"2017-07-14T11:35:45","modified_gmt":"2017-07-14T06:05:45","slug":"vikram-ors-vs-state-of-maharashtra-on-9-may-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/vikram-ors-vs-state-of-maharashtra-on-9-may-2007","title":{"rendered":"Vikram &amp; Ors vs State Of Maharashtra on 9 May, 2007"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Vikram &amp; Ors vs State Of Maharashtra on 9 May, 2007<\/div>\n<div class=\"doc_author\">Author: S Sinha<\/div>\n<div class=\"doc_bench\">Bench: S.B. Sinha, Markandey Katju<\/div>\n<pre id=\"pre_1\">           CASE NO.:\nAppeal (crl.)  431 of 2006\n\nPETITIONER:\nVikram &amp; Ors\n\nRESPONDENT:\nState of Maharashtra\n\nDATE OF JUDGMENT: 09\/05\/2007\n\nBENCH:\nS.B. Sinha &amp; Markandey Katju\n\nJUDGMENT:\n<\/pre>\n<p id=\"p_1\">J U D G M E N T<\/p>\n<p>S.B. Sinha, J.\n<\/p>\n<p id=\"p_1\">   1.\tAppellants who are five in number are before us being aggrieved by<br \/>\nand dissatisfied with the impugned Judgment of the High Court of Bombay,<br \/>\nAurangabad Bench at Aurangabad dated 5.9.2005 passed in Criminal Appeal<br \/>\nNo. 398 of 1999 affirming a judgment of conviction and sentence dated<br \/>\n30.9.1999 passed by the Sessions Judge, Beed in Sessions  Case No. 18 of<br \/>\n1998 convicting the appellants herein inter alia for commission of an offence<br \/>\nunder Section 302 read with Section 149, Section 147 read with <a href=\"\/doc\/999134\/\" id=\"a_1\">Section 149<\/a><br \/>\nof the Indian Penal Code.\n<\/p>\n<p id=\"p_2\">   2.\tAppellants herein were proceeded against for committing an offence<br \/>\nof culpable homicide amounting to murder of one  Dnyandeo and for<br \/>\ncausing hurt to one Bapu (P.W. 6) on 22.1.1997 at about 10.30 p.m. in the<br \/>\nnight in Village Pangulgavhan within the Police Station Ashti in the District<br \/>\nof Beed.   First Information Report in respect thereof was lodged at 7.30<br \/>\na.m. on 23.1.1997 by PW-2 Rohidas Gite alleging that while he had been<br \/>\nsleeping in his house after taking meal, his uncle Ajinath Gite (P.W. 3) came<br \/>\nto his house to inform him that thieves had come and some &#8216;tumult&#8217; is going<br \/>\non, whereupon both of them went towards the place of occurrence and found<br \/>\nthat both the &#8216;deceased&#8217; and the &#8216;injured&#8217; were being assaulted by accused<br \/>\nNo. 1 Vikram, accused No. 2 Mokinda, accused No. 3 Tatyaba, accused No.<br \/>\n4 Bhagan, accused No. 5 Rambhau, alongwith some others (who being<br \/>\njuvenile, had been separately tried).    They, although, tried to intervene, but<br \/>\nwere threatened not to do so.  He thereafter went to the House of the<br \/>\ndeceased and informed his wife as well as Raosaheb Namdeo Gite who<br \/>\ncame to the place of occurrence.  Other persons including Ashruba<br \/>\nPandharinath, Mahadeo Pandharinath, Shyamrao Gajaba, Ashok Baba,<br \/>\nMahadeo Lahanu also came to the spot.   The injured were, by that time<br \/>\ndragged upto the river by the assailants.   They were asked to stop assaulting<br \/>\nand were furthermore requested in the event they had any dispute with him<br \/>\nin regard to their land should take recourse to the law whereupon the<br \/>\nassailants left them in the river and fled.    Both the deceased and Bapu<br \/>\nKisan Gite (PW-6) were found to be unconscious.\n<\/p>\n<p id=\"p_3\">   3.\tP.W. 2 Rohidas was advised by others to inform the Police Station on<br \/>\ntelephone whereupon he went to Village Bhalavani alongwith Ajinath,<br \/>\nGangaram and Bayaji Bhiva at about 1:00 a.m. and informed the Officer in<br \/>\ncharge of Police Station on telephone.   On receipt of the said information, a<br \/>\npolice officer visited the place of occurrence at Village Pangulgavhan.   In<br \/>\nthe meanwhile, the injured were shifted in front of the house of Laxmibai<br \/>\nAshruba Gite.  They were later on shifted by the police personnel to the<br \/>\nGovernment Hospital at Ashti. Whereas Dnyandeo Vithoba Gite was<br \/>\ndeclared dead,   PW-6 was admitted in the hospital.   Mr. Suresh Gange ,<br \/>\nP.W. 8 registered a case under <a href=\"\/doc\/1258372\/\" id=\"a_1\">Section 147<\/a>, <a href=\"\/doc\/763672\/\" id=\"a_2\">148<\/a>, <a href=\"\/doc\/999134\/\" id=\"a_3\">149<\/a> and <a href=\"\/doc\/1560742\/\" id=\"a_4\">302<\/a>.   He seized<br \/>\nthree articles including a bamboo stick measuring about 2 ft. and 5 inches<br \/>\nwith a diameter of about 2 inches.  Other articles were also seized.<br \/>\nAppellants were arrested on 24.1.1997.   The prosecution case was proved<br \/>\nprimarily by PW-2 the informant, PW-3 Aginath, PW-4 Janardhan and the<br \/>\ninjured witness P.W. 6 Bapu.\n<\/p>\n<p id=\"p_4\">    4.\tThe learned Trial Judge by reason of a judgment of conviction and<br \/>\nsentence dated 30.9.1999 on arriving at a finding of guilt, awarded life<br \/>\nimprisonment and a fine of Rs. 1,000\/- each under <a href=\"\/doc\/1560742\/\" id=\"a_5\">Section 302<\/a> read with<br \/>\n<a href=\"\/doc\/999134\/\" id=\"a_6\">Section 149<\/a> of the Indian Penal Code, simple imprisonment of 6 months for<br \/>\ncommission of the offence under <a href=\"\/doc\/999134\/\" id=\"a_7\">Section 149<\/a>, fine of Rs. 500\/- each under<br \/>\n<a href=\"\/doc\/1258372\/\" id=\"a_8\">Section 147<\/a> read with <a href=\"\/doc\/999134\/\" id=\"a_9\">Section 149<\/a> and fine of Rs. 500\/- under <a href=\"\/doc\/999134\/\" id=\"a_10\">Section 149<\/a> of<br \/>\nthe Indian Penal Code.  The appeal preferred by the appellants thereagainst<br \/>\nhas been dismissed by the High Court by reason of the impugned judgment.\n<\/p>\n<p id=\"p_5\">    5.\tMr. Arvind V. Savant, learned senior counsel appearing on behalf of<br \/>\nthe appellants in support of this appeal inter alia would submit;\n<\/p>\n<p id=\"p_6\">(i)\tP.W. 2 having informed the officer-in-charge of Police Station Ashti<br \/>\non telephone which having been recorded in writing, the First Information<br \/>\nReport lodged at 7.30 a.m. on 23.1.1997 is barred under <a href=\"\/doc\/523607\/\" id=\"a_11\">Section 162<\/a> of the<br \/>\nCode of Criminal Procedure.\n<\/p>\n<p id=\"p_7\">(ii)\tSome of the witnesses having been examined by the Investigating<br \/>\nOfficer on 8.8.1997, their statements could not have been relied upon.\n<\/p>\n<p id=\"p_8\">(iii)\tThe fact that First Information Report reached the Magistrate only on<br \/>\n24.1.1997 would go to show that the same was an anti-timed one.\n<\/p>\n<p id=\"p_9\">(iv)\tThe witnesses having failed to disclose vital information in their<br \/>\nstatements under <a href=\"\/doc\/447673\/\" id=\"a_12\">Section 161<\/a> of the Code of Criminal Procedure, the learned<br \/>\nSessions Judge as also the High Court committed a serious illegality in<br \/>\npassing the impugned judgment.\n<\/p>\n<p id=\"p_10\">(iv)\tIn any view of the matter, no specific overt act having been attributed<br \/>\nto any of the appellants herein, conviction under <a href=\"\/doc\/1560742\/\" id=\"a_13\">Section 302<\/a>\/<a href=\"\/doc\/999134\/\" id=\"a_14\">149<\/a> of the<br \/>\nIndian Penal Code cannot be sustained and they should be convicted only<br \/>\nunder <a href=\"\/doc\/1133601\/\" id=\"a_15\">Section 325<\/a> thereof.\n<\/p>\n<p id=\"p_11\">   6.\tMr. Sushil Karanjkar, the learned counsel appearing on behalf of the<br \/>\nState would, however, support the impugned judgment.\n<\/p>\n<p id=\"p_12\">   7.\tHomicidal nature of death of the said Dnyandeo is not in dispute.<br \/>\nSufferance of injuries by Bapu Kisan Gite, P.W. 6 is also not in dispute.\n<\/p>\n<p id=\"p_13\">   8.\tDr. Subhash Mahadeo Patharkar P.W. 7 conducted the post mortem<br \/>\nexamination.   He found the following ante-mortem injuries.<br \/>\n&#8220;1.\tC.L.W. on the right parietal region placed<br \/>\nvertically 1=&#8221;  x 1&#8243; x bone deep.   No evidence of<br \/>\nfracture felt on palpation, object used was hard and<br \/>\nblunt.\n<\/p>\n<p id=\"p_14\">2.\tC.L.W. on right front to parietal region, oblique,<br \/>\nplaced 2&#8243; x 1&#8243; x bone deep, no evidence of<br \/>\nfracture, felt on palpation, object used hard and<br \/>\nblunt.\n<\/p>\n<p id=\"p_15\">3.\tC.L.Ws. two in number of right index finger, =&#8221; x<br \/>\n&lt;&quot; x 1\/8&quot;, each, object was hard and blunt.\n<\/p>\n<p id=\"p_16\">4.\tAn abrasion on right Ileac region, curved 2&#8243; x<br \/>\n1\/8&#8243;.\n<\/p>\n<p id=\"p_17\">5.\tC.L.W. on right leg 1&#8243; x = x &lt;&quot;.\n<\/p>\n<p id=\"p_18\">6.\tAbrasion on right medical malleouls, =&#8221; x &lt;&quot;.\n<\/p>\n<p id=\"p_19\">7.\tMultiple contusions over the back of variable size<br \/>\nand shape placed in variable directions caused by<br \/>\nLathi.\n<\/p>\n<p id=\"p_20\">8.\tMultiple imprint abrasion over back of variable<br \/>\nsize, caused by chain of variable directions.\n<\/p>\n<p id=\"p_21\">9.\tSix contusions on right buttock and right thigh,<br \/>\nhorizontally placed, one above the other 7&#8243; x 1 =&#8221;<br \/>\nobject hard and blunt (Lathi)&#8221;\n<\/p>\n<p id=\"p_22\">    9.\tAmongst others, on the left lungs, two internal injuries were found;<br \/>\n&#8220;1.\tContusion on left lower lobe 3&#8243; x 2=&#8221; cut<br \/>\nsection contains blood.\n<\/p>\n<p id=\"p_23\">2.\tContusion on left upper lobe, 4&#8243; x 3&#8243; cut<br \/>\nsection contains blood.&#8221;\n<\/p>\n<p id=\"p_24\">  10.\tThe said two injuries were referable to external injury No. 7.\n<\/p>\n<p id=\"p_25\">  11.\tPW-9 , Dr. Dattu Zambre examined Babu Kisan Gite and found the<br \/>\nfollowing injuries on his person;\n<\/p>\n<p id=\"p_26\">1.\tContused lacerated wound on left parietal region, 8<br \/>\ncm. x 0.5 cm. x bone deep, margins irregular<br \/>\nanteroposterior in direction.\n<\/p>\n<p id=\"p_27\">2.\tContusion over left thigh, ant, side in middle 1\/3, 8&#8243;<br \/>\nx 1 =&#8221; vertical direction margins irregular.\n<\/p>\n<p id=\"p_28\">3.\tMultiple contusions over right anteromedial aspect<br \/>\nof thigh, 5&#8243; x 1=&#8221;, 4&#8243; 1=&#8221;, 6&#8243; x 1 =&#8221;, 4&#8243; x 1 =&#8221;, 5&#8243;\n<\/p>\n<p id=\"p_29\">x  =&#8221; , intermixed with each other.\n<\/p>\n<p id=\"p_30\">4.\tContusion, on abdomen above unblicious 3&#8243; x 1&#8243;<br \/>\nhorizontal, irregular margins.\n<\/p>\n<p id=\"p_31\">5.\tContused abrasion on left shin of tibia Lower 1\/3rd,<br \/>\n&lt;&quot; x &lt;&quot; margins irregular.\n<\/p>\n<p id=\"p_32\">6.\tContused Abrasion, on right shin of tibia Lower 1\/3,<br \/>\n&lt;&quot; x &lt;&quot;, margins irregular.&quot;\n<\/p>\n<p id=\"p_33\"> 12.\tAll the injuries were caused by hard and blunt objects like lathi.\n<\/p>\n<p id=\"p_34\"> 13.\tIt is also not in dispute that the parties were having disputes over<br \/>\nsome lands.\n<\/p>\n<p id=\"p_35\"> 14.\tIt has also not been suggested before us that PW-2 was enemically<br \/>\ndisposed of  towards the appellants.   Both the parties are from the said<br \/>\nVillage.\n<\/p>\n<p id=\"p_36\"> 15.\tP.W. 2 in the First Information Report as also in his deposition before<br \/>\nthe Court categorically stated that eight persons i.e. the appellants herein<br \/>\nand three juveniles were assaulting the deceased and PW-6.   On his asking<br \/>\nthem not to assault the deceased and P.W. 6, he was told that he had no<br \/>\nbusiness to interfere as he was not concerned with the matter.   He<br \/>\nimmediately informed Tulsabai and Raosaheb.   Tulsabai and Raosaheb<br \/>\nalso asked the appellants to leave the deceased, but not only assault upon<br \/>\nthem did not stop, they were dragged towards the river on the western side.<br \/>\nSome other persons in the meantime came to the spot and they also asked<br \/>\nthe accused to leave the victims.   There was no police post in the village.<br \/>\nAs he was advised to make a phone call, keeping in view the fact that the<br \/>\ndeceased and injured were to be brought back to the village, P.W. 2 had to<br \/>\ngo to the house of Moinoddin Pathan to wake him up as the Gram<br \/>\nPanchayat Office, where the phone was available, was adjoining to his<br \/>\nhouse.   His information to the police officers could not have been in great<br \/>\ndetails.   As he was assured that the police would be coming, he waited for<br \/>\nthe police party by the side of Ashti Bhalwani to Pangulgavan Road.  The<br \/>\npolice party came at about 1 a.m.  They came in a police jeep to the house<br \/>\nof Laxmibai and then only the deceased and the injured could be sent to the<br \/>\nhospital.   It appears from the evidence of Dr. Dutta, that the deceased was<br \/>\nbrought to the hospital under a requisition letter.   It was evidently issued<br \/>\nby the Investigating Officer.\n<\/p>\n<p id=\"p_37\">   16. The said requisition letter was proved and marked as Exh. 49.\n<\/p>\n<p id=\"p_38\">   17.  PW-6 was found to be semi-conscious and he was not in a position<br \/>\nto reply to the questions put to him.\n<\/p>\n<p id=\"p_39\">  18.  He was admitted as an indoor patient in the hospital on 23.1.1997 and<br \/>\nwas discharged only on 26.1.1997. In a situation of this nature, explanation<br \/>\nof PW-2 and others that they gave priority to the treatment of the deceased<br \/>\nand the accused which occasioned the delay in lodging the First<br \/>\nInformation Report and the same having been accepted by two courts<br \/>\nbelow, we do not find any reason to disagree.   We find no reason to<br \/>\ndiscard the testimony of P.W. 2 who is an independent witness.\n<\/p>\n<p id=\"p_40\">  19.  Strong reliance has been placed by Mr. Savant on a decision of this<br \/>\nCourt in State of M.P. v  Kriparam  [ (2003) 12 SCC 675].   In that case,<br \/>\nthe High Court had reversed a judgment of acquittal.   This Court found the<br \/>\nevidence of the eye-witnesses to be artificial.   At one stage they had said<br \/>\nthat they were  at the same place but later on changed their story alleging<br \/>\nthat they had been sleeping separately.  The Court found so much<br \/>\ncontradictions in regard to the direction and place the witnesses said to<br \/>\nhave run away from the alleged place of occurrence and their hiding at<br \/>\nother place till next morning, was found to be un-acceptable.\n<\/p>\n<p id=\"p_41\">   20. It is on the aforementioned backdrop of events, this Court opined that<br \/>\nthe delay in lodging the First Information Report was attempted to be<br \/>\nexplained only by inventing the story that they fled away from the scene of<br \/>\noccurrence and were hiding till 8 o&#8217;clock in the morning.   This Court<br \/>\nfurthermore found contradictions even in relation thereto.\n<\/p>\n<p id=\"p_42\">  21.\tThe said decision cannot be said to have any application in the instant<br \/>\ncase.\n<\/p>\n<p id=\"p_43\">   22. Reliance has also been placed by Mr. Savant on Shankarlal  v State<br \/>\nof Rajasthan [(2004) 10 SCC 632].   In that case also, the testimonies of<br \/>\nthe alleged eye-witnesses were not believed. \tTherein also, the<br \/>\nexplanation for lodging the First Information Report after some delay viz.<br \/>\nthat the informant upon seeing the occurrence got scared and took different<br \/>\nroad, reached the village at about 4 or 4.15 pm,  whereas the occurrence<br \/>\nhad taken place at about 1.30 a.m., the delay in lodging the First<br \/>\nInformation Report at 3.15 a.m. on the next date was not believed stating;\n<\/p>\n<p id=\"p_44\">&#8220;In such circumstances this unexplained long<br \/>\ndelay also creates a doubt in our mind as to the<br \/>\ngenuineness of the prosecution case. Once we are<br \/>\nnot convinced with the evidence of PW 6 then<br \/>\nthere is no other material to base a conviction on<br \/>\nthe appellant, hence we are of the opinion that<br \/>\nthe appellant is entitled to the benefit of doubt,<br \/>\ntherefore, this appeal succeeds and is allowed.&#8221;\n<\/p>\n<p id=\"p_45\">  23.\tThe said decision also has no application to the fact of the present<br \/>\ncase.\n<\/p>\n<p id=\"p_46\">    24. It may be true that P.W. 2 had informed the officer in charge of the<br \/>\nPolice Station on telephone, but the circumstances in which the said call<br \/>\nhad to be made has been noticed by us heretobefore.\n<\/p>\n<p id=\"p_47\">   25. The Head Constable states that he had written down the same but<br \/>\nthen it must have been a cryptic report and only for the purpose of visiting<br \/>\nthe scene of occurrence.   He as well as the Investigating Officer did not<br \/>\nsay that it was a detailed report.\n<\/p>\n<p id=\"p_48\">   26. If, in the aforementioned premise, another First Information Report<br \/>\nwhich was a detailed one came to be recorded, no exception can be taken<br \/>\nto the same being treated as a First Information Report.\n<\/p>\n<p id=\"p_49\">   27. Reliance has been placed by Mr. Savant on Tapinder Singh v State of<br \/>\nPunjab and Another[(1970) 2 SCC 113]. Therein this Court held that<br \/>\ncryptic and anonymous oral message which did not in terms clearly specify<br \/>\ncommission of a cognizable offence cannot be treated as first information<br \/>\nreport.\n<\/p>\n<p id=\"p_50\">   28. See also State of U.P. v P.A. Madhu [AIR 1984 SC 1523], Ramsinh<br \/>\nBavaji Jadeja v State of Gujarat [(1994) 2 SCC 685]  Binay Kumar Singh v<br \/>\nState of Bihar [AIR 1997 SC 322] and Soma Bhai v State of Gujarat [AIR<br \/>\n1975 SC 1453].\n<\/p>\n<p id=\"p_51\">   29. We must notice that the appellants have not questioned the factum of<br \/>\ncoming of the police personnel to the village, taking the deceased and the<br \/>\ninjured to the hospital, seizure of the articles, preparation of panchnamas<br \/>\netc.. As major part of the actions taken by the Investigating Officer<br \/>\npursuant to the First Information Report in this case is not disbelieved,<br \/>\nWe fail to see any reason as to why the statement of P.W. 2 made before<br \/>\nthe  Officer in-charge on 23.1.1997 at 7.30 a.m. should be discarded.\n<\/p>\n<p id=\"p_52\">  30.  Before embarking upon the other contentions raised by Mr. Savant,<br \/>\nwe may notice a disturbing feature of this case. Statements of the witnesses<br \/>\nand in particular, the injured witness, P.W. 6 had been recorded.  The said<br \/>\nstatement was available on the records of the learned trial judge while<br \/>\nconsidering of the application for bail filed by the appellants.\n<\/p>\n<p id=\"p_53\">   31.  The learned trial judge in his judgment in the proceeding sheet dated<br \/>\n27.2.1997 noticed as under:-\n<\/p>\n<p id=\"p_54\">&#8220;7.   Perused the case papers.  It reveals from the<br \/>\ncase papers that not only the complainant is an eye<br \/>\nwitness but Ajnath, Rohidas, Tulsabai and Inured<br \/>\nBapu also stated about the occurrence consistently.<br \/>\nThe post mortem report support the fact of<br \/>\noccurrence as narrated by the eye witnesses. On<br \/>\nperusal of the F.I.R. and other witnesses at least at<br \/>\nthis stage it cannot be said that F.I.R. is belated.<br \/>\nThus from the aforesaid material there is a prima<br \/>\nfacie case against all these applicants for the<br \/>\noffence punishable u\/secs. 147, 148, 149 and 302<br \/>\nof <a href=\"\/doc\/1569253\/\" id=\"a_16\">I.P.C<\/a>.   The investigation is in progress.  Some<br \/>\nof the accused are yet to be arrested.   Admittedly<br \/>\nthere is a long standing enmity between the<br \/>\naccused persons and the family of the deceased<br \/>\nand others.   It is seen from the case papers that<br \/>\nthese applicant and co-accused armed with deadly<br \/>\nweapons attacked on deceased and his nephew<br \/>\nBapu and though eye witness attempted to rescue<br \/>\nthem the accused did not allow them to came and<br \/>\nmake any intervention. On perusal of the case<br \/>\npapers it is seen that the injured Bapu made a repot<br \/>\nthat some of the relatives of the accused gave<br \/>\nthreats to him for not disclosing the names of the<br \/>\naccused before the police.  Thus if the<br \/>\ncircumstances in which the alleged incident taken<br \/>\nplace, the conduct of the accused persons at the<br \/>\nrelevant time of the alleged incident and the above<br \/>\nreferred facts considered together I find much<br \/>\nsubstance in the contention of the learned<br \/>\nA.P.P&#8230;&#8230;&#8221;\n<\/p>\n<p id=\"p_55\">    32. Learned Trial Judge in his judgment categorically held that only an<br \/>\nadditional statement of P.W. 6 Bapu was recorded on 8.8.1997 although<br \/>\ninitially his statement was recorded immediately after the alleged incident.<br \/>\nP.W. 6 had also informed the authorities that he was being threatened by<br \/>\nthe relatives of the appellants not to disclose their names.\n<\/p>\n<p id=\"p_56\">   33.  Despite the fact that the statement of P.W. 6 and other witnesses<br \/>\nwere on record and P.W. 6 had been threatened by the relatives of the<br \/>\nappellants, the same did not form part of the case diary.   The learned Trial<br \/>\nJudge in the aforementioned situation opined that the Investigating Officer<br \/>\nwas helping the appellants in the following words.<br \/>\n&#8220;57.  For above stated reasons, so far as the<br \/>\nattack of the defence on record of the belated<br \/>\nstatement of P.W. 6 Bapu is concerned, looses it<br \/>\nmuch force be cause from the previous Court<br \/>\nrecord itself it is evident that there was statement<br \/>\nof P.W. 6 Bapu which was produced for the<br \/>\nscrutiny and perusal of the court in the month of<br \/>\nFebruary 1997 itself while entertaining the bail<br \/>\napplication and like magic vand the said<br \/>\nstatement vanished from the police record for<br \/>\nwhich P.W. 12 P.S.I. Ovhal could not give any<br \/>\nsatisfactory explanation.  Leave apart the<br \/>\nquestion of vanishing of the statement from the,<br \/>\npolice record there is not a single word about it in<br \/>\nthe entire police diary which itself, I am painful<br \/>\nto point out reflects on dishonest, perfunctory<br \/>\nmanner of investigation by the concerned police<br \/>\nofficer.   I am really surprised as to how the<br \/>\ndefence could at this juncture venture to submit<br \/>\nthat the investigation is tainted favoring the<br \/>\naccused while from the above fact the fact is<br \/>\notherwise.&#8221;\n<\/p>\n<p id=\"p_57\">  34.\t The reason for the Investigating Officer in interpolating  the case<br \/>\ndiary and not producing the purported recording of the information<br \/>\nreceived by him on phone is not difficult to comprehend.  We have grave<br \/>\ndoubt even in regard to the statement of the Head Constable that he had<br \/>\nrecorded in writing any information received from P.W. 2 on phone.<br \/>\nPolice Officers might not have recorded the said statements only to help<br \/>\nthe appellants.   We would have otherwise held that benefit therefor should<br \/>\ngo to the accused, but in this case the fact that statements were made<br \/>\nbefore the police at the earliest possible opportunity is available on record.<br \/>\nWe have been taken through the deposition of the eye witnesses. In<br \/>\nparticular our attention has been drawn to purported omissions of the said<br \/>\nwitnesses.   We have considered each one of them carefully. The purported<br \/>\nomissions related only to the details of the occurrence, but the fact that<br \/>\nP.Ws. 2, 3, 4 and 6 were eye witnesses to the occurrence does not stand<br \/>\nthereby disproved in any manner whatsoever. The occurrence took place<br \/>\non 22.1.1997.   They were examined in Court two and a half years later, If<br \/>\nthere occurred some contradictions or even assuming they had omitted to<br \/>\nstate the incident in great details, the same by itself would not lead to a<br \/>\nconclusion that the appellants had been falsely implicated in the case.\n<\/p>\n<p id=\"p_58\">  35.  We, see no reason to differ with the findings of the courts below,<br \/>\nparticularly in view of the fact that P.W. 6 was an injured witness.  He<br \/>\nadmittedly received serious injuries, remained unconscious for a long time<br \/>\nand had to remain as indoor patient till 26.1.1997.   So far as the<br \/>\nsubmission of the learned counsel that the appellants did not have any<br \/>\ncommon object to cause the death of Dnyandeo is concerned, we also find<br \/>\nno merit therein.  Eight persons came together.  They assaulted the<br \/>\ndeceased and P.W. 6 indiscriminately.   Despite having been asked to stop<br \/>\nassaulting them, not only by P.W. 2 but also by the wife of the deceased,<br \/>\nthey did not pay any heed thereto.  They continued to assault them.  They<br \/>\ndragged them to the west bank of the river and only left them there when a<br \/>\nlarge number of people gathered and asked them not to do so.\n<\/p>\n<p id=\"p_59\">   36.  The question, as to whether in a given case common object has been<br \/>\nmade out or not, will depend upon the facts and circumstances thereof;<br \/>\nConduct of the parties and the manner in which the occurrence has taken<br \/>\nplace, will have some bearing on the question.   We, keeping in view the<br \/>\nfacts and circumstances of this case, are of the opinion that the submission<br \/>\nthat it is not a case where despite the fact that specific overt acts on the part<br \/>\nof each of the appellant herein had not been specifically stated, they cannot<br \/>\nbe held guilty only under <a href=\"\/doc\/1133601\/\" id=\"a_17\">Section 325<\/a> of the Indian Penal Code.\n<\/p>\n<p id=\"p_60\">  37.  In Bhima alias Bhimrao Sida Kamble and Others v State of<br \/>\nMaharashtra [(2002) 7 SCC 33], whereupon Mr. Savant placed strong<br \/>\nreliance, this Court noticed that some accused persons were held to be<br \/>\ncarrying common object whereas another was held to have common<br \/>\nintention.   There was no evidence as to the nature of weapons with which<br \/>\nthey were armed; and in fact there was no evidence to show that the<br \/>\nappellants therein had any weapon with them or caused any hurt to<br \/>\nanybody.  A large number of persons were involved. In the aforementioned<br \/>\nsituation, this Court found that the object of the mob was to teach the<br \/>\ndeceased a lesson who was a bully in the village and only in that situation<br \/>\nan inference was drawn that the common object was to commit offences<br \/>\nunder <a href=\"\/doc\/1011035\/\" id=\"a_18\">Section 323<\/a> and <a href=\"\/doc\/1133601\/\" id=\"a_19\">325<\/a> and not under <a href=\"\/doc\/1560742\/\" id=\"a_20\">Section 302<\/a> read with <a href=\"\/doc\/999134\/\" id=\"a_21\">Section<br \/>\n149<\/a> of the Indian Penal Code.\n<\/p>\n<p id=\"p_61\">  38.\tThe said decision have no application to the facts of the present case.\n<\/p>\n<p id=\"p_62\">  39.\tThere is, thus, no merit in this appeal, which is accordingly dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Vikram &amp; Ors vs State Of Maharashtra on 9 May, 2007 Author: S Sinha Bench: S.B. Sinha, Markandey Katju CASE NO.: Appeal (crl.) 431 of 2006 PETITIONER: Vikram &amp; Ors RESPONDENT: State of Maharashtra DATE OF JUDGMENT: 09\/05\/2007 BENCH: S.B. Sinha &amp; Markandey Katju JUDGMENT: J U D G M E [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-271273","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Vikram &amp; Ors vs State Of Maharashtra on 9 May, 2007 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/vikram-ors-vs-state-of-maharashtra-on-9-may-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Vikram &amp; 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