The Bombay High Court on Friday maintained the conviction of the appellant for the murder of three ladies on the basis of the conclusion arrived from circumstantial evidence that accused committed the murder.
This Order is given by Justice Sadhana S Jadhav and NR Borkar. The bench after observing the case stated that" witnesses may lie by circumstances speak for themselves".
Facts of the case
The prosecution's case was that the three ladies, mother, and two sisters of the complainant disappeared.
The complainant got calls from her mom's telephone that if she wishes to see her mom, she should go to a distant area with condition that she should come alone.
She, notwithstanding, luckily reached the police. Her cousin notified her that one of her sisters had an affair with the appellant-accused, and in light of the fact that there was resistance to the equivalent, he was driven out of the town.
At the point when she passed on her doubt to the police, they captured the appellant who admitted to having killed the three ladies.
The appellant, who was sentenced for the offense of murder by the Alibaug Sessions Judge, moved toward the High Court pouncing upon the request on the ground that the prosecution had depended on information which was given by the litigant himself.
He stated that the entire case laid on doubt and that conviction can't happen without evidence. He likewise brought up certain procedural failures by the police which would make a reasonable doubt on the prosecution's case.
From the proof before it, the Court noticed that the accused was not an inhabitant of the area where the dead bodies were found. Notwithstanding, there was no clarification why his wallet was discovered near the spot from where one dead body was recuperated.
Further, the Court likewise expressed that the prosecution was able to show that the location of offense a wallet containing the driving permit of the blamed, attached with his Photograph, a card of Royal Twinkle, Star Club having a place with the charged, the meeting card of a political leader, a passport size photograph of the charged, the visa size photograph of a lady and different photos had been recuperated.
It was additionally noticed that the photo of deceased Leelabai and her cellphone from which he had purportedly called prosecution witness 1 were recuperated from his home. The tower area set up that the calls were made by none of the other accused. ,
The court additionally expressed immaterial and superfluous lacunae in the examination would not qualify an accused to benefit of the doubt.
The Court, in this way, excused the appeal and ordered the appellant to surrender before the Sessions Court if out of jail or parole inside about two months.