The deceased, while leaving his house in the evening on the date of the incident, had informed his father that he was going to see a movie.
She also came out and found the victim with injuries on the stomach and the accused with a bloodstained knife near the door of her fatherinlaw.
On 16.12.2005, the informant and his wife Shahnoorbi were in the house.
The injured became unconscious.
Both houses are near each other.
Immediately thereafter, the accused ran away and the injured fell down on the person of the informant.
She has also deposed that on the date of the incident, her husband deceased had told her that he was going to see a movie, after which she had gone to sleep.
Different police stations were employed to find the absconding accused.
Both the accused and the deceased left the cinema hall together.
The panch witness Satish Gimar PW1 went to the spot of the incident along with the police and found signs of a scuffle.
His intestines had companye out of the abdomen.
The case of the prosecution in brief is that the deceased Munir and his wife Madina PW8 were residing on the backside of the house of the informant Qutuboddin Sandu Tadvi PW7 the informant is numbere other than the father of the deceased the informant and his wife Shahnoorbi, another son Nawab and Nawabs wife Afsana were staying jointly in one house, which was in front of the house of the accused.
The doctor has opined that all the injuries were ante mortem in nature.
There were blood stains in the house of the deceased as well as on the wall, near where the deceased was lying.
The accused and deceased Munir had been to the theatre for a second show, and the same was over by 1015 p.m., inasmuch as the movie was only for one and half hours.
Immediately, the injured Munir entered the house of the informant, at which point of time the accused Mukhtyar was standing behind Munir, holding a bloodstained knife in his hand.
As mentioned supra, prior to the arrival of the doctor at the spot of the incident, the injured had stated before the informant and the wife of the deceased that Mukhtyar had stabbed him with a knife and also asked to be saved.
The accused Mukhtyar was the neighbour of the victim.
Dr. Shantilal Teli PW10 has also deposed before the Court that he came to the spot at the request of the father of the victim and declared the victim dead.
Immediately after the incident, the accused absconded from the spot with the knife.
News was published and circulated to various police stations along with the photograph of the accused.
Ultimately, the accused was found at Nashik after a long gap of time.
There was also an incised wound on the right lower lobe of the liver and blood had accumulated in the abdominal cavity.
Ultimately the police were able to arrest the accused on 3.5.2006, though the incident had taken place on 16.12.2005.
Accused Mukhtyar ran away from the spot.
PW2 knew both the deceased and the accused.
Based on the voluntary statement of the accused, the police and panchas took the accused to the bushes near the railway station about 100 ft.
At about 1100 or 1115 p.m., the informant heard shouts from his son Munir, saying Oh mother, save me Mukhtyar had assaulted me by knife in my stomach.
As mentioned supra, the doctor who came to the spot at the request of the informant declared the victim dead.
By the impugned judgment, the High Court has companyfirmed the judgment dated 18.09.2007 passed by the Additional Sessions Judge, Jalgaon in Sessions Case No.
He learnt that the said chappal was of the deceased.
Accordingly, PW4 sharpened the weapon and fixed a handle by accepting Rs.50/ from the accused.
He identified the spear which was seized by the police as the one which the accused had got sharpened from him, which means that the accused had made prior preparation with an intent to companymit murder.
The intestines had also companye out of the abdomen of the victim.
On going through the material on record, we are of the clear opinion that the Courts below have rightly companycluded so.
Deceased Munir came to the house of the informant in the evening and informed him that he was going to see a movie.
They heard the cries of the victim and saw him with bleeding injuries, at which point of time the accused was just behind the victim and was holding a bloodstained knife b the oral dying declaration of the deceased before his father c the accused was seen in the accompany of the deceased just prior to the incident d recovery of the weapon at the instance of the accused e abscondence of the accused and f raising of false defence by the accused.
One chappal of white companyour was lying there.
Exhibit 24 discloses that Dr. Shantilal Teli was informed by the informant that his son had sustained injuries due to assault by knife on the stomach, and that his neighbour had assaulted him.
The evidence of PW2 companyroborates the evidence of PWs 7 and 8 to the effect that the deceased had gone to see a movie before the occurrence of the incident, and that both the accused and the deceased were seen together immediately prior to the incident.
Madina, the wife of Munir also reached the spot, by which time Munir fell down with bleeding injuries on his stomach.
Thus, the Courts below have rightly companycluded that the offence had taken place just outside the house of the deceased and the deceased fell inside his house immediately after the incident in a pool of blood.
The arrest memo is Exhibit 34.
Neither the informant number the wife of the deceased had seen the assault by the accused on the victim Munir.
The incident happened after he returned from the movie.
The incident had occurred at about 1130 p.m. and the information was lodged before the police station promptly at 100 a.m., i.e., within one and a half hours of the incident.
The said chappal was of the left foot, and the same was of the accused.
The C.A.The same was seized by the police.
At that point of time, the deceased told his father that the accused Mukhtyar had assaulted him with a knife.
The doctor has numbericed an incised wound on the upper abdomen, forming a cavity through which loops of the intestine were companying out.
After hearing the cries of his son, the informant PW7 opened the door and saw his injured son.
He was number found for a long time.
The evidence of the aforementioned two witnesses, namely, PWs 7 and 8 is fully companyroborated by the post mortem report, Exhibit 22.
There were stains of blood over the said chappal.
The informant went to Dr. Shantilal Teli and requested him to companye to the spot of the incident and examine the victim, who accordingly came and after examination declared him dead.
Immediately thereafter, the first information came to be lodged by the father of the deceased.
PW4 Deelip Lahore is the black smith.
Both the Courts below, more particularly the trial Court, have gone into the evidence meticulously and companycluded that the prosecution has proved all the circumstances relied upon by it, which form a companyplete chain.
Thus, it is clear that the accused absconded for more than seven months.
The victim deceased immediately sustained injuries near his house, crying out Oh mother save me, Mukhtyar had assaulted me in the stomach by knife.
The said weapon was bloodstained and it was sent to the laboratory.
In his haste, he left his chappal near the door of the house of the informant.
from the spot of the incident, to recover the knife which was used in the crime.
It is by number well established that in cases of such nature, all circumstances relied upon by the prosecution must be established by companyent, succinct and reliable evidence, all the proved circumstances must provide a companyplete chain, inasmuch as numberlink in the chain of circumstances should be missing, and such chain of circumstances should unequivocally point to the guilt of the accused and exclude any hypothesis companysistent with his innocence.
He also saw the accused with a bloodstained knife in his hand.
The said witness is well acquainted with the accused and the deceased.
On hearing the shouts of Munir, the informant and his wife woke up and opened the door of the house.
The accused took out the knife from the bush and produced the same.
He has deposed that the accused Mukhtyar had been to him on 21.11.2005 with one spear without a handle and had requested PW4 to sharpen the said spear and also to fix a handle to it.
It is an oral dying declaration by the deceased just prior to his death.
This factor is also proved by the prosecution by producing the records as well as the evidence of the police personnel.
One muffler of white companyour and another chappal of blue companyour with blood stains were also lying there.
At that point of time, there was sufficient moonlight to identify the accused.
In order to establish the guilt of the accused, the prosecution has relied upon the following circumstances a the informant PW7 and the wife of the deceased PW8 numbericed the companyduct of the victim and the accused immediately after the incident.
At about 1100 or 1115 p.m., she heard the shouts of her husband saying Oh mother save me, Mukhtyar had assaulted me by knife in my stomach.
His son Nawab and his wife Afsana were number present.
150 of 2006 companyvicting the appellant herein for the offence punishable under Section 302 of the Indian Penal Code and Signature Not Verified Digitally signed by SATISH KUMAR YADAV sentencing him to suffer imprisonment for life and to pay a fine of Date 2018.10.31 165129 IST Reason Rs.5,000/, and in default to suffer rigorous imprisonment for six months.
The case rests on circumstantial evidence.
MOHAN M. SHANTANAGOUDAR, J. The judgment dated 18.11.2009 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.
509 of 2007 is called in question in this appeal.
The evidence of the informant is fully companyroborated by the evidence of his daughterinlaw Madina PW8 , the wife of the deceased.
