Bench cites unreliable evidence in murder case appeal
The High Court of Bombay at Goa set aside the conviction and life sentence of two workers in the 2021 murder case, ruling that the prosecution failed to prove the charges beyond reasonable doubt.
The Division Bench of Justice Sarang Kotwal and Justice Ashish Chavan acquitted Dinesh Kumar and Shivnath Mhaji, both of whom had been sentenced to life imprisonment along with a fine of Rs 10,000 each.
The case pertained to the death of labourer Lalu Singh, who lived along with the two accused and another worker, Fulchand Munda (PW4). During the hearing on the appeals filed by the duo, the prosecution argued that a quarrel broke out on April 2, 2021 around 3pm, after which the accused allegedly assaulted Singh with a wooden stick outside the hut, near the bushes. Munda, at that time, was in the Cansaulim market.
The High Court said the prosecution’s case “heavily relied” on the testimony of PW4 whose evidence has been unreliable.
“He has, in clear terms, admitted that he was deposing only to oblige his employer, Anil Naik (PW7). Though he was the best available witness for the prosecution, his admission has destroyed his evidence,” it said.
The court further noted that Munda had “categorically admitted that Naik had told him to give a statement in this case and to oblige the boss, he has given his statement.” It recorded that he had done the same in proceedings before the Vasco court.
Terming PW4 a “star witness”, the Bench held that his testimony dealt a serious blow to the veracity of the prosecution's case. “His conduct was improbable. There was no reason for the accused to confess to him that they had committed murder of the deceased when they were trying to go away from the spot,” the order stated.
The court also said it was “highly difficult to believe that accused no. 1 (Kumar, who was represented by Advocate Sahil Sardesai) would wait in the market for PW4 to return from the hut and to allow him to apprehend him in that situation.”
The Bench also observed contradictions in the evidence of PW4, PW6 and PW7.
Allowing the appeals, the High Court set aside the judgment and order of the Additional Sessions Judge, South Goa, Margao, convicting and sentencing the appellants.
“The appellants are acquitted of all the charges,” reads the order directing authorities to release them forthwith after completing official formalities.
