VILAS PANDURANG PATIL versus STATE OF MAHARASHTRA

Citation: [2004] SUPP. 2 S.C.R. 395 · Decided: 06-05-2004 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Dismissed

Judgment (excerpt)

VILAS PANDURANG PATIL 
A 
v. 
STATE OF MAHARASHTRA 
MAY 6, 2004 
[DOAISWAMY RAJU AND ARIJIT PASAYAT, JJ.] 
B 
Penal Code, 1860-Sections 302 and 404-Murder-Prosecution 
for-Circumstantial evidence-Extra-judicial confession-Recovery of 
blood-stained articles at the behest of accused and presence of blood in 
his nail clippings-Acquittal by trial Court-On re-appreciation of evidence C 
conviction by High Court-On appeal, held: Conviction justified in view 
of the circumstances of the case. 
Criminal Trial : 
D 
Circumstantial evidence-Evidentiary value and nature of-A crime 
can be proved by circumstantial evidence-The principal fact or factum 
probandum may be proved indirectly by means of certain inferences drawn 
from factum probans-ln such evidence guilt can be justified when all the 
incriminating facts are found to be incompatible with innocence of accused E 
or guilt of any other person-The circumstances have to be proved beyond 
reasonable doubt-The onus lies on the prosecution-Evidence Act, 1872. 
Code of Criminal Procedure, 1973-Section 378-Appeal against 
acquittal-Interference of appellate Court-Scope of-Held : When on F 
evidence two views are possible and the Court has taken one view, 
interference by appellate Court is not proper-But when the view reflects 
total non-application of mind, interference is proper. 
Appellant was alleged to have killed his first wife (the deceased). 
Prosecution case was that the accused had gone with deceased but did G 
not return with her. He made extra judicial confession to PWs 5 and 
6 of having killed his wife and thrown the dead body in a well. Next 
day accused gave information to police that his wife accidentally died 
and her body was found in a well. Blood stained articles were recovered 
and blood was found in the nail clippings of the accused. The cause of H 
395 
396 
SUPREME COURT REPORTS [2004) SUPP. 2 S.C.R. 
A death as per medical opinion was stated to be "shock due to big sub-
dural hematoma of fracture of base of the skull". During trial accused 
pleaded innocence. Trial Court acquitted the accused holding that the 
circumstances of the case were not substantially established. High 
Court convicted him on reappreciating the evidence. Hence the appeal. 
B 
Dismissing the appeal, the Court 
HELD : I.I. Trial Court had proceeded in the matter rather 
casually and there was no proper application of mind or even discussions 
C regarding all the relevant evidence on r<!cord. Since the trial Court had 
failed to properly analyse the evidence, High Court was duty bound 
to examine the matter in greater detail and to record its conclusions. 
It is true that when on the evidence brought on record two views are 
possible and the Court has taken a view which is possible, interference 
by the appellate Court would not be proper. But where the consideration 
D reflects total non-application of mind, interference is not only desirable 
but proper. 1404-F-G] 
1.2. The evidence of PW-6 was discarded on the ground that he was 
not very close to the accused and not a person on whom the accused 
E could repose confidence. It is brought on record that the accused and 
PW-6 were in fact at earlier point of time classmates and schoolmates. 
They also used to live close to each other. Obviously, it is not impossible 
that the accused could repose confidence on him. The extra judicial 
confession before PW-6 was clear, cogent and appears to have been 
F made in the normal course without any pressure. The conduct of the 
accused after the incident and discovery of blood stained articles and the 
mangalsutra have been established by tendering cogent evidence. The 
presence of blood in the nail clippings of the accused was also a vital 
circumstance. Presence of blood in the nail clipping may not be sufficient 
by itself to fasten guilt on the accused; but when it is considered with 
G other evidence and found acceptable, can provide additional weightage 
to the prosecution case. There is no infirmity in the reasoning indicated 
by the High Court to discard the view of the trial Court. The disclosure 
made in the post mortem examination as to the nature of injuries found 
on the body of the deceased-head, knee joints etc., would belie the claim 
H of drowning or death by suicide. The cause of death as per medical 
V.P. PATIL v. STATE 
397 
opinion was stated to be "shock due to big sub-dural hematoma of A 
fracture of base of the skull". (404-H; 405-A-F) 
Dayanidhi Bisoi v. State of

Excerpt shown. Read the full judgment & AI analysis in Lexace.