Merely because the panch witness (the witness before whom police seals or opens the premises, or seals evidence from the crime scene) has turned hostile, it was not necessary to doubt the police’s investigation, observed the Bombay high court recently, while upholding life imprisonment of a man convicted for his wife’s murder.
A division bench headed by Justice V.K. Tahilramani was hearing the plea of 22-year-old Dhairyasheel Kamble against his conviction under Section 302 of the Indian Penal Code as pronounced by a sessions court.
“Ajay, who is the panch witness to the seizure of the blood-stained clothes of the appellant, has turned hostile and he has not supported the prosecution. However, in our opinion, merely because the panch witness has not supported the prosecution’s case, it is not necessary to view the evidence of the investigating officer with suspicion,” said Justice Tahilramani.
According to the prosecution, Kamble’s deceased wife Vidya was constantly harassed by her husband, due to which she left his house and went to live with her mother. On January 12, 2009, Kamble, in search of Vidya, went to her sister’s house. On being told by the sister that Vidya wasn’t ready for reconciliation, Kamble headed to her mother’s house.
While on his way, he saw Vidya and asked her to return with him, which she refused. He then assaulted Vidya with a sickle, killing her instantly. Immediately after committing the crime, he went to the police station with the blood-stained sickle in his hand and surrendered to the assistant police sub-inspector about the events.
Relying upon a couple of Supreme Court judgments, the court said, “On going through the record of this case, we find that there is sufficient evidence on record to connect the appellant with the crime. Thus, we find no merit in the appeal.”