Saturday 10 January 2015

Whether witness can refresh his memory outside court?



In the backdrop of the afore­said evidence, it will be 
useful   to   refer   reported   decision   by   the   learned   Single 
Judge of this Court (R.C.Chavan, J) reported in  2006 (2) 

Mh.L.J. (Cri) 1210, Sharad s/o. Namdeorao Shirbhate  vs. 
State of Maharashtra. In para 10 of the said reported Judgment, the learned 

Single Judge found that Pundlik (PW­1) has admitted that 
the police had read over his statement to him and also told 
him   to   tender   the   evidence   as   per   his   statement.     The 
learned Single Judge has observed thus  :
“ There would indeed be nothing wrong in the witness  
refreshing   his   memory,   but   that   ought   to   be   done  
before the Court and not outside the Court. In order  
to test the veracity of a witness, he would be required  
to recollect the incident out of his own memory and  

should he falter on some material aspect, he could be 
allowed to refresh his memory with reference to the  
contemporaneous records  of  the incident created  by 
the   police.    It   would   not   be   permissible   for   such  
witness   to   stealthily   refresh   his   memory   before  
entering   the   Court   and   deposing   about   the   entire 
evidence   giving   minute   details   as   if   he   was   reeling  
them out from his memory. Therefore, the objection  
to the reliability of evidence of PW­2 Prabhakar taken 
by   learned   Counsel   for   the   appellant   is   valid.” 
(emphasis is supplied by us).
We approve the dictum of the learned Single Judge in 
that behalf.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR

CRIMINAL APPEAL NO.408 OF 2012
Suresh s/o. Purushottam Ashtankar,

// VERSUS //
The State of Maharashtra,
  
       DATE        :  31.10.2014.
      CORAM     :  B. R. GAVAI &
                                                        V. M. DESHPANDE, JJ.



The appellant is convicted by the learned Additional 
Sessions   Judge­4,   Nagpur   on   9.8.2012   in   Sessions   Trial 

No.457 of 2011 whereby the learned Judge convicted the 
appellant for the offence punishable under Section 302 of 
the Indian Penal Code for committing murder of his wife 
Megha and directed him to suffer imprisonment for life and 
to pay a fine of Rs.500/­ and in default to suffer further 
rigorous imprisonment for one month.
2.
We   have   heard   Mr.C.H.Jaltare,   learned   Counsel   for 
the Appellant, Mr.S.M.Uikey, learned A.P.P. for respondent 
no.1/State   and   Mr.R.R.Vyas,   learned   Counsel   for   first 
informant/respondent no.2. With their able assistance, we 
have gone through the record and proceedings.

Deceased Megha  was  wife  of the  present  appellant. 
3.

The   couple   was   having   two   daughters   and   one   son.   The 
daughters are Ku.Sharyu (PW­1) and Ku. Pranjali (PW­3). 
According   to   the   prosecution   case,   upon   the   first 
information report (Exh.16) filed by Sharyu (PW­1), Crime 
No.112   of   2011   was   registered   initially   for   the   offence 
punishable under Section 307 of the Indian Penal Code on 

21.6.2011.     Consequently,   the   offence   was   converted   for 
the   offence   punishable   under   Section   302   of   the   Indian 
Penal Code upon death of Megha on 3.7.2011.
4.
According   to   the   First   Information   Report,   the   first 
informant Sharyu completed her education upto 12th Std. 
at   Porwal   College   and   the   process   of   her   admission   in 
another college was in offing. Her mother deceased  Megha 
was working as a teacher at Primary School, Zilla Parishad, 
Marartoli at Yerkheda and her father Suresh was not doing 
any   work   and   used   to   pick   up   quarrel   with   her   mother 
Megha   on   account   of   refusal   to   oblige   the   demand   of 
appellant for giving money for consumption of liquor.

5.

The First Information Report further reveals that, on 
21.6.2011, at 5 O'clock in the evening, in the house all the 
family members were present. The appellant was siting in 
the   outer   room   under   the   influence   of   liquor.   The   first 
informant and her sister were in the kitchen.  That time, the 
appellant came in the kitchen and used abusive words to 

the first informant and tried to make assault on her. Upon 
that, mother Megha came in the kitchen and questioned the 
appellant   as   to   why   he   is   beating   their   daughter.     Upon 
that,   the   appellant   also   tried   to   assault   Megha   and 
demanded   Rs.100/­   for   drinking   liquor.   Upon   refusal   by 
Megha,   appellant   picked   up   a   can   kept   in   the   kitchen. 
Thereupon,   Megha   ran   in   the   another   room.   She   was 
followed by the father/appellant and the appellant poured 
kerosene in the hall upon the person of Megha and set her 
ablaze.     According   to   Sharyu,   her   mother   was   helped   in 
extinguishing   fire by the first informant and people from 
M.S.E.B.  Megha was then taken  to the Roy hospital.

Since the first information was disclosing commission 
6.
of offence, crime was registered.
P.W­7   is   Sugriv   Verma,   a   Head   Constable.     On 
21.6.2011, he was attached to Police Station, Kamptee. On 
the   said   day,   he   received   one   MLC   from   Roy   hospital, 
Kamptee. Thereupon, he went to Roy hospital and gave a 

letter to the Medical Officer asking him as to whether the 
patient is fit to give statement.   The said requisition is at 
Exh.51.     Sugriv   Verma   (PW­7)   thereafter   recorded 
statement of Megha. After completion of the said statement, 
it was read over to Megha, who admitted its contents and 
thereafter,   he   obtained   right   toe   impression   on   the   said 
statement. It is at Exh.52.
7.
After   completion   of   investigation,   the   Investigating 
Officer   Dilip   Wadankar   (PW­9)   was   of   opinion   that 
sufficient evidence was appearing against the appellant, the 
charge sheet was filed. The learned Magistrate, in  whose 
Court the charge sheet was filed, found that the offence was 

exclusively triable by the Court of Session and therefore, he 
8.
passed the committal order.
The learned Additional  Sessions Judge­I, Nagpur on 
19.10.2011   framed   charge   against   the   appellant.     The 
Before   the   learned   Court,   the   prosecution   has 

9.
appellant abjured his guilt and claimed that he be tried.
examined in all nine witnesses and also relied on the dying 
declaration   (Exh.52)   of   Megha.     The   appellant   was 
examined u/s. 313 of the Code of Criminal Procedure and 
he also gave his Written Statement (Exh.61).
10.
The   first   question   that   has   to   be   answered   by   this 
Court is what is the nature of unnatural death of Megha. 
Whether it is homicidal, as claimed by the prosecution or 
whether   it   is   suicidal   in   nature,   as   suggested   by   the 
appellant through his line of cross­examination of witnesses 
and his specific Written Statement u/s. 313 of the Code of 
Criminal Procedure.

11.

From perusal of Exh.34 – post mortem report which 
shows that Megha suffered 64 % burn injuries and cause of 
death given by doctor in the said post mortem report i.e. 
septicemia due to burn injuries, it is crystal clear that death 
of Megha was unnatural one.

Now   let   us   examine   the   respective   claim   of 
In   order   to   bring   home   the   guilt   of   the   appellant, 
13.
prosecution as well as the appellant as suggested by him. 
prosecution relies on a) written dying declaration (Exh.52) 
recorded by Sugriv Verma (PW­7), b) oral dying declaration 
given  by deceased Megha to Rajendra Naidu  (PW­2) and 
eye witness account of Sharyu (PW­1) and Pranjali (PW­3).
14.
Sugriv  Verma (PW­7), upon receipt of MLC from Roy 
hospital, visited the said hospital. He gave requisition to the 
Medical   Officer   of   Roy   hospital   in   respect   of   fitness   of 

Megha since he was intending to record her statement.  The 
15.
said requisition is at Exh.51.
Dr.   Ratan   Sanjiv   Roy   (PW­8)   was   present   in   his 
hospital   when   Megha   was   brought   to   his   hospital.   He 

intimation (Exh.50).
immediately   informed   the   said   fact   to   police   by   giving 
Dr.Ratan  Roy   has  admitted   about   issuance   of   letter 
(Exh.51) to him and also his endorsement on Exh.51 that 
the patient was fit to give her statement.
16.
Sugriv   Verma   (PW­8)   claims   that   he   has   recorded 
statement of Megha and also asked Dr.Roy to sign the same 
as he was present there.
Interestingly, Dr.Ratan Roy in his evidence before the 
Court has stated as under  :

statement   of   the   patient.     However,   it   bears   my  
signature.   After   recording   the   statement,   I   was 
“I   was   not   present   at   the   time   of   recording   of  
asked to sign it. Therefore, I had signed on it. “
17.
In  the  light  of  evidence  of  Dr.Ratan  Roy,  it  will  be 
unsafe to rely upon Exh.52, the dying declaration recorded 
by   the   Head   Constable.     The   Dying   declaration   can   be 
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recorded   by   any   person.     However,   scribe   Sugriv   Verma 
claims that Dr.Roy was present at the time of recording of 
statement   of   Megha,   which   is   falsified   by   evidence   of 
Dr.Roy who has flatly denied his  presence at the time of 
recording   of   statement   of   Megha.   In   that   view   of   the 
matter,   there   is   no  option   but   to   keep   aside   Exh.52,   the 
written dying declaration of Megha and that cannot be the 
basis for securing conviction of the appellant. Further it has 
to be noted that Trilokkumar Nasare (PW­4) who is brother 
of   deceased   Megha   immediately   visited   the   Roy   hospital. 
His   evidence   would   reveal   that   he   asked   his   sister   as   to 
what has happened. However, she did not disclose anything 
to   him.     His   evidence   would   reveal   that,   that   time   the 

18.
thereafter when he was sitting with the doctor.
statement   of   Megha   was   not   recorded   and   police   came 
Disclosure   on   the   part   of   Megha   to   her   brother 
Trilokkumar would have been the most natural disclosure. 
That   was   the   first   opportunity   available   to   Megha   to 
disclose the act of the appellant to any third person.  In that 

view of the matter, Exh.52, written dying declaration has 
Insofar   as   the   oral   dying   declaration   is   concerned, 
19.
no evidentiary value and it is, accordingly, rejected.
Rajendra Naidu (PW­2)claims that it was made to him by 
deceased Megha.  Rajendra resides in front of house of the 
appellant. He claims that, on 21.6.2011, in the evening, he 
was sitting  in front of house with his wife and 2­3 other 
persons. That time, he noticed   Megha coming out of her 
house in completely burnt condition. Therefore, he and his 
wife   rushed   towards   her.   He   claims   that,   that   time   one 
Mr.Rode   and   Jayendra   Naidu,   the   employee   of   M.S.E.B. 
also came there and they extinguished fire. It is claim of 

Rajendra (PW­2) that, that time it was disclosed to him by 
Megha that Suresh i.e. the  appellant poured kerosene on 
her and set her on fire. He further claims that he disclosed 
that   there   was   some   quarrel   in   between   them.   However, 
she did not assign any reason about the subject of quarrel.
Even,   the   oral   dying   declaration,   if   it   inspires 
20.

confidence,   can   be   the   basis   for   conviction.   Now   let   us 
examine   as   to   whether   the   evidence   of   Rajendra     Naidu 
(PW­2) can be accepted in respect of oral dying declaration. 
Rajendra   Naidu   is   also   panch   on   spot   panchanama 
(Exh.19) and seizure of some articles Exh.20.   These two 
documents are dt.21.6.2011.
21.
Though   Rajendra   Naidu   has   claimed   that   his 
statement by police is recorded immediately on the  same 
day,  the  record reveals  that  his  statement is  recorded on 
22.6.2011 and not on the same day.

Prosecution   has   not   examined   said   Mr.   Rode   or 
22.

Jayant Naidu who were present at the time of oral dying 
declaration   made   to  Rajendra.   Their   examination  before 
the   Court   would   have   been   a   corroborated   piece   of 
evidence   in   respect   of   oral   dying   declaration   made   to 
Rajendra Naidu. It assumes importance in view of the fact 
that  the  claim of Rajendra  Naidu  that  the  statement was 
recorded by the police immediately on the same day was 
found to be incorrect on the said factual aspect.  Therefore, 
according to us, it will be hazardous to secure conviction of 
such   uncorroborated   evidence   of   Rajendra   (PW­2). 
Accordingly, we cannot keep any reliance on the statement 
of Rajendra.
23.
That leaves us  with  the  evidence  of  Sharyu  (PW­1) 
and Pranjali (PW­3) who are daughters of the appellant and 
deceased   Megha.   They   claimed   that   they   have   witnessed 
the attrocities committed on their mother at the hands of 
their father by setting her ablaze on pouring kerosene. 

Merely because the witnesses are coming forward and 
24.

deposed against a particular person, the Court should not 
rush to accept their version unless their evidence is properly 
scanned and evaluated in true perspective.
25.
Sharyu (PW­1) claims that her father was not doing 
any work.   Her claim in that behalf appears to have been 
falsified by her maternal uncle Trilokkumar Nasare (PW­4) 
who has admitted in his evidence that, prior to some day of 
incident,  the appellant had purchased Indigo Car for taxi 
business. It is to be noted that the appellant lost his job due 
to closure of Spinning Mill.
26.
Further, according to Sharyu, on the day and time of 
the   incident,   the   appellant   was   under   the   influence   of 
liquor. She and her sister were working in the kitchen. That 
time, the appellant came in kitchen and assaulted on her. 
Therefore,   she   raised   cries   and   her   mother   Megha   came 
there   and   the   questioned   the   appellant   as   to   why   he   is 
beating Sharyu and on that account, there was exchange of 

words between them and that time, her father demanded 
Rs.100/­ for consuming liquor, which was refused by her 
mother.  Hence, her father raised kerosene can and poured 
the   same   on   her   mother.   There   is   variance   in   the   first 
information report lodged by Sharyu and her evidence to 
the effect that her evidence is silent that, at that time, the 
27.

Megha ran in the hall. 
appellant   tried   to   assault   upon   Megha   and,   therefore, 
From   the   evidence   of   Sharyu   (PW­1),   the   first 
information   report   (Exh.16)   and   the   evidence   of   Pranjali 
(PW­3), it is clear that kerosene was poured upon Megha in 
hall near TV and there, she was set ablaze.
28.
Exh.19   is   the   spot   panchanama   which   was   drawn 
immediately   on   21.6.2011.  
  Thus,   Exh.19   a 
contemporaneous   document   to   the   incident.   The   said 
panchanama does not reveal that, at the time of drawing 
the said panchanama, panchas or the Investigating Officer 
noticed any kerosene residues either on the floor of the said 

hall or on any article including TV. The said panchanama is 
also   completely   silent   about   said   aspect.   Even   panch 
Rajendra Naidu (PW­2) or the Investigating Officer   Dilip 
Wadankar (PW­9) did not smell of kerosene in the said hall 
when they visited the spot of occurrence. 
Further,   it   is   not   the   case   of   prosecution   that   the 
29.
appellant was not having habit of smoking.   If the entire 
evidence of Sharyu (PW­1) and Pranjali (PW­3) is scanned, 
then it is clear that, from the hall, the appellant entered in 
the   kitchen   and   picked   up   quarrel   with   Sharyu   (PW­1). 
However,   the   evidence   of   Sharyu   (PW­1)   shows   that   the 
match box was kept near the window. There was no reason 
for availability of match­box in the hall. Thus,  presence of 
match box in the hall itself creates doubt.
30.
In   the   cross­examination,   Sharyu   (PW­1)   has 
admitted as under  :

“ It is true that, today, I have read my statement. It is  
true that police had given the same to me. It is true that  
the said police Officer is sitting in the Court hall. ”
31.
In the backdrop of the afore­said evidence, it will be 
useful   to   refer   reported   decision   by   the   learned   Single 
Judge of this Court (R.C.Chavan, J) reported in  2006 (2) 

Mh.L.J. (Cri) 1210, Sharad s/o. Namdeorao Shirbhate  vs. 
In para 10 of the said reported Judgment, the learned 
32.
State of Maharashtra.
Single Judge found that Pundlik (PW­1) has admitted that 
the police had read over his statement to him and also told 
him   to   tender   the   evidence   as   per   his   statement.     The 
learned Single Judge has observed thus  :
“ There would indeed be nothing wrong in the witness  
refreshing   his   memory,   but   that   ought   to   be   done  
before the Court and not outside the Court. In order  
to test the veracity of a witness, he would be required  
to recollect the incident out of his own memory and  

should he falter on some material aspect, he could be 
allowed to refresh his memory with reference to the  
contemporaneous records  of  the incident created  by 
the   police.    It   would   not   be   permissible   for   such  
witness   to   stealthily   refresh   his   memory   before  
entering   the   Court   and   deposing   about   the   entire 
evidence   giving   minute   details   as   if   he   was   reeling  
them out from his memory. Therefore, the objection  
to the reliability of evidence of PW­2 Prabhakar taken 
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by   learned   Counsel   for   the   appellant   is   valid.” 
(emphasis is supplied by us).
We approve the dictum of the learned Single Judge in 
that behalf.
33.
From the aforesaid evidence of Sharyu, it is clear that 
her statement was supplied to her by police and it was read 
by   her   stealthily   and   not   in   the   presence   of   the   Court. 
Further, presence of the police Officer, who has given her 
statement in the Court hall at the time of evidence, clearly 
shows   that   Sharyu   (PW­1)   was   under   the   thumb   of   the 
Police Officer.
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Nodoubt it is true that the Investigating Officer or the 
34.
apeal408.12.odt
Police Officer should take care and steps in order to see that 
the  culprit  is   brought  home  to  his  guilt;  however,  at the 
same time, the Police Officer should not show unnecessary 
interest which would unnecessarily create doubt about the 
Police Officer. In view of the fact that Sharyu (PW­1) has 
read   her   previous   statement   supplied   to   her   by   Police 
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Officer who was present in the Court hall before entering 
into witness box, loses her reliability as a witness. It is to be 
noted that dying declaration ( Exh.52) by the Police Officer 
is   recorded   at   6.50   hours.   From   the   evidence   of 
Trilokkumar (PW­4) it is clear that Sharyu (PW­1), Pranjali 
(PW­3)   and   son   Kaustub   were   present   in   the   hospital. 
Exh.17   is   the   printed   F.I.R.   It   shows   that   the   first 
information report is recorded at 19.00 hours, which clearly 
shows   that   the   F.I.R.   lodged   by   Sharyu   (PW­1)   is   after 
recording of Exh.52, the dying declaration of Megha.
35.
Insofar   as   the   evidence   of   Pranjali   (PW­3)   is 
concerned, she has corroborated the version of Sharyu on 
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apeal408.12.odt
all material aspects. Not only that, she has also in clinching 
words stated that kerosene was poured on her mother near 
TV in the hall. Pranjali was present in the hospital. She has 
seen the police first time in the hospital.  She has admitted 
that,   on   the   day   of   incident,   she   did   not   disclose   to   the 
police that she has seen that her father has set her mother 
on  fire.   Belated disclosure  to police, though  opportunity 
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was   there,   coupled   with   the   fact   that   the   claim   of   this 
witeness   about   pouring   of   kerosene   in   the   hall   near   TV 
belied   by   contemporaneous   document   (Exh.19),   creates 
serious doubt about her testimony.
36.
Now let us examine the theory as suggested by the 
appellant about suicide by Megha herself through the line 
of cross­examination of Sharyu (PW­1) and Pranjali (PW­3) 
and   Written   Statement   of   the   appellant   u/s.   313   of   the 
Code of Criminal Procedure.  According to the appellant, it 
was   brought   to   his   notice   that   Sharyu   (PW­1)   used   to 
wander with some boys.  Therefore, on the day of incident, 
when that fact was brought to his notice, when he returned 
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apeal408.12.odt
to   the   house,   Sharyu   was   in   the   kitchen.     That   time, 
appellant   questioned   Sharyu   in   respect   of   her   behaviour. 
That time, Sharyu not only gave evasive replies, but also 
counter questioned the appellant. Therefore, he gave two 
slaps to Sharyu. That time, Megha came in the kitchen and 
asked   as   to   why   he   has   slapped   Sharyu.   Upon   that,   he 
disclosed the behaviour of Sharyu and alleged that Megha 
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has no control over the children. Upon that, Megha picked 
up quarrel with him and gave threats that she will set her 
ablaze.   Upon that, the appellant came in the front room, 
removed   short   and   was   sitting   there.     That   time,   Megha 
came running from the kitchen in a burning condition. The 
appellant   tried   to   extinguish   fire   with   a   towel.     In   that 
process, he also received burn injuries on his abdomen.  In 
the   meanwhile,   Megha   was   taken   to   the   Roy   hospital. 
Therefore,   while   he   was   to   visit   Roy   hospital,   near   Roy 
hospital, he was apprehended by police.
37.
From the evidence of Sharyu (PW­1), it is clear that, 
on the day of incident, she and her sister were working in 
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apeal408.12.odt
the   kitchen.     According   to   her,   that   time,   the   appellant 
came   in   the   kitchen   and   assaulted   on   her.   She   has   not 
attributed   any   reason   for   assault   on   her.   No   father   will 
unnecessarily try to assault a grown up daughter.   In that 
behalf, the explanation given by the appellant about giving 
The appellant has claimed that he tried to extinguish 
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38.
slaps to Sharyu appears to be plausible one.    
fire of Megha with the help of the towel. It is to be noted 
that Rajendra (PW­2), who has extinguished fire with the 
help of Mr. Rode and Jayendra  Naidu, has stated that his 
wife has brought blankets and extinguished fire.   There is 
no   reference   to   any   towel   in   the   entire   prosecution   case 
except   in   the   statement   of   the   appellant   u/s.313   of   the 
Code of Criminal Procedure.  In that behalf, it will be unfair 
to   the   appellant   if   the   seizure   memo   (Exh.20)   is   not 
noticed. Exh.20 is the seizure memo which is duly proved 
by Rajendra Naidu (PW­2). Under the said seizure memo, 
plastic can of kerosene, match stick, match box and burnt 
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apeal408.12.odt
saree pieces  are  seized. What is  important  to note  is  the 
following  :
“Towel   chowkdi   santrya   rangacha   tyala   saadicha 
tukda jalalelya chikatlela”.
Seizure   of   this   towel   from   the   spot,     to   which   the 
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burnt saree piece was stuck, shows that the appellant has 
Deonand  Ganvir   (PW­5)  was   attached   as  an   ASI  to 
39.
tried to extinguish fire with the help of said towel.
the   Police   Station,   Kamptee   and   was   on   duty   as   a   Day 
Officer on 21.6.2011.   He registered the first information 
report (Exh.16).  His evidence would reveal that the police 
party   learnt   that   the   appellant   was   wandering   in   Bazaar 
square   and   therefore,   he   went   there   and   brought   him. 
Investigating Officer Dilip Wadankar (PW­9) arrested him. 
Deonand Ganvir (PW­5) has admitted as under  :
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apeal408.12.odt
“   Bazaar  chowk   is  near   main  road.    It   is  near   Roy  
hospital. “
Further,   the   Investigating   Officer   Dilip   Wadankar 
(PW­9)   has   stated   in   his   evidence,   which   is   re­produced 
hereinunder  :
ig
“It is true that when I had arrested the accused, there  
were burn marks on his stomach and he was referred  
to the hospital. I had not inquired with anybody as to  
how the accused had sustained burn injuries. “
The arrest form of the appellant is at Exh.59.   It is 
40.
dt.21.6.2011 i.e. on the day of incident itself.  It shows that 
the   appellant   was   having   burn   injuries   to   his   stomach. 
Though   the   appellant   was   referred   for   his   medical 
examination   in   the   hospital,   his   medical   report   is   not 
coming on record. This assumes importance because, as per 
the   claim   of   eye   witnesses,   at   the   time   of   incident,   the 
appellant was under the influence of liquor. If that be so, 
when   the   appellant   was   referred   for   his   medical 
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apeal408.12.odt
examination, that would have been noticed in his medical 
examination.   Hence,   suppression   on   the   part   of   the 
prosecution in respect of the medical report of the appellant 
clearly tends to give weightage to his defence, as appearing 
in his statement u/s.313 of the Code of Criminal Procedure.
On evaluation of the evidence brought on record, as 
41.
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done in the preceding paragraphs, it is absolutely clear and 
there   is   no   doubt   in   our   mind   that   the   prosecution   has 
utterly failed to prove that Megha died homicidal death. On 
the   contrary,   the   circumstances,   as   appearing   in   the 
prosecution case, clearly show and suggest that there is a 
grain of truth in the defence of the appellant. That leads us 
to pass the following order.
         O R D E R
The Appeal is allowed.
The   Judgment   and   Order   of   conviction   and 
sentence dated 9th August, 2012 passed by the learned 
Additional Sessions Judge­4, Nagpur in Sessions Case 
No.457 of 2011 is quashed and set aside.
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apeal408.12.odt
The   appellant   is   acquitted   of   the   offence 
punishable   under   Section   302   of   the   Indian   Penal 
Code.
The   appellant/accused   be   set   at   liberty 
forthwith, if not required in any other case.
Fine amount, if any, paid by the appellant, be 
JUDGE
ig
JUDGE
refunded to him.
 jaiswal
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