SANJAY KHANDERAO WADANE versus STATE OF MAHARASHTRA

Citation: [2017] 8 S.C.R. 537 · Decided: 03-08-2017 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

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Judgment (excerpt)

[2017) 8 S.C.R. 537 
SANJAY KHANDERAO W ADANE 
A 
v. 
STATE OF MAHARASHTRA 
(Crimina!Appea!No.1962 of2011) 
~ 
AUGUST 03, 2017 
B 
[A.K. SIKRI AND R.K. AGRAWAL, JJ.) 
Penal Code, 1860 - ss.143, 147, 148, 302 rlw s.149 and s.326 
rlw. s.149 - Deceased beaten to death by appellants owing to a 
long standing dispute - Concurrent conviction of appellants by c 
Courts below - Plea of appellants that one of the prosecution witness 
(PW-8) stated that he ate 'Bhel' with deceased immediately before 
the incident however. said fact of eating 'Bhel' by deceased had not 
come up in his post mortem examination which casts a doubt on the 
narration of the whole incident by the witness, thus the same was a 
result of afterthought - On appeal, held: Evidence of a medical D 
person is merely an opinion which lends corroboration to the direct 
evidence in the case - On a careful perusal of the post mortem 
conducted by PW-10 (doctor), it is clear that the death was caused 
. by means of a sharp edged weapon- possibly a sword - Evidence 
given by PW-10 fully corroborates with the version given by PW-5 
E 
and PW-8 that the appellants caused the death of the deceased 
.using swords and iron pipes - Since, the eye witnesses' account 
was found credible and trustworthy, medical opinion pointing to 
alternative possibilities cannot be accepted as conclusive - No 
infirmity in orders passed by High Court with regard to conviction 
and sentence of the appellants-accused. 
F 
Medical jurisprudence - Alleged uncertainty w.r.t. time of 
occurrence as well as death of the deceased - Plea of appellants 
that PW;8 s version that he ate 'Bhe/' v/ith the deceased before the 
incident was falsified, as according to the medical evidence there 
were no food particles in the stomach of the deceased - Held: 
G 
Judging the time of death from the contents of the stomach, may not 
always be the determinative test - It will require due corroboration 
from other evidence - Plea with regard to absence of food particles 
in the intestine of the deceased has no basis as digestion varies 
H 
537 
538 
SUPREME COURT REPORTS 
(2017] 8 S.C.R. 
A from person to person, and sometimes even with the same person at 
different times - Further, if prosecution is able to prove its case, 
including the time of death, and the same points towards the guilt of 
the accused, then it may not be appropriate for the Court to wholly 
' reject the case of prosecution and to determine the time of death 
B 
with reference to the stomach contents of the deceased. 
c 
Evidence: 
Medical Witness - Opinion of - Evidentiary value of -
Discussed. 
Dismissing the appeal, the Court 
HELD: 1.1 In the instant case, on a careful perusal of the 
post mortem conducted by PW-10, it is very much clear that the 
death is caused by means of a sharp edged weapon and that too 
possibly by means of sword. The evidence given by PW-10 fully 
corroborates with the version given by PW-5 and PW-8 that the 
D appellants caused the death of the deceased using swords and 
iron pipes. It has been specifically mentioned in the report that 
injuries could be possible by various blows of the weapons. 
Further, the death was caused due to cardio respiratory arrest 
due to hemorrhage as well as neurogenic shock due to very 
E extensive lacerated wound over face including brain along with 
multiple bone fractures on face. The evidence of a medical person 
is merely an opinion which lends corroboration to the direct 
evidence in the case. It has been observed in various cases of 
tlris Court that where the eye witnesses' account is found credible 
and trustworthy, medical opinion pointing to alternative 
F 
possibilities is not accepted as conclusive. [Para 71 [545-E-H) 
2.1 Further, the presence or absence of food at the time of 
post-mortem in relation to the time of death is based on various 
factors and circumstances such as the typ!! and nature of the food 
consumed, the time of taking the meal, the age of the person 
G concerned and power and capacity of the person to digest the 
food. In the present case, though PW-8 has stated that he had 
'Bhel' with the deceased just before the incident, there is no 
evidence about the exact time when the meals were taken or the 
quantity of 'Bhel' consumed by the deceased. Judging the time 
H 
SANJAY KHANDERAO WADANE v. STATE OF 
539 
MAHARASHTRA 
of death from the contents of the stomach, may not always be the A 
determinative test. It will require due corroboratio,n from o

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