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Bombay High Court

Bharat Janaku WayalversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

A solitary, delayed witness statement without corroboration is insufficient to sustain the charges, and the applicant is entitled to discharge.

Summary

The applicant, Vaishali Anil, filed a revision application challenging the Additional Sessions Judge's order that rejected his discharge in a murder case arising from a land dispute. The prosecution alleged that the applicant conspired with co‑accused to murder the husband of the first informant, relying primarily on the statement of witness Abhijeet Yalbar, who claimed to have overheard a conspiratorial conversation. The applicant contended that no other evidence linked him to the crime and that the witness statement, recorded ten days after the incident, was unreliable. The High Court examined the credibility of the lone witness statement and found it insufficient to sustain the charges against the applicant. Consequently, the Court allowed the revision, quashed the earlier order, and discharged the applicant from offences under the IPC and the Arms Act. The pending interim application was also disposed of.

Issues considered

  • What is the evidentiary value of a solitary witness statement recorded ten days after the alleged offence without corroboration?
  • Whether the continuation of trial on the basis of such statement would constitute an abuse of the process of law?
  • Whether the applicant is entitled to discharge from the charges under Sections 302, 120(B), 1960 of the IPC and Sections 4, 25, 27 of the Arms Act.

Legislation cited

Subjects

  • criminal procedure
  • revision
  • discharge
  • evidence
  • witness statement
  • conspiracy
  • murder
  • Arms Act
  • IPC

Judgment

                                                                             3-REVN-445-2025 (CR).doc

                   Tikam



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                    CRIMINAL REVISION APPLICATION NO. 445 OF 2025

VAISHALI
                       Bharat Janaku Wayal                             ...Applicant/s
ANIL                   VERSUS
TIKAM                  The State Of Maharashtra                        ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
                                                           WITH
Date:
2026.09.24
12:08:19 +0530                        CRI-INTERIM APPLICATION NO. 3798 OF 2025
                                                  IN REVN/445/2025

                       Bharat Janaku Wayal                             ...Applicant/s
                       VERSUS
                       The State Of Maharashtra                        ...Respondent/s
                       _________________________________________________________________

                       Mr. Aniket Vagal a/w. M/s. Juhi Kadu a/w. M/s. Savry Kolhekar,
                       Advocate for Applicant.
                       Mr. S.R. Agarkar, APP for Respondent-State.
                       _________________________________________________________________

                                                            CORAM       :   SHIVKUMAR DIGE, J.
                                                            DATE        : 22nd SEPTEMBER, 2026.
                       P.C. :

                       1.           Heard learned counsel for the Applicant and learned APP for

                       the State.

                       2.           The challenge in this application is the order passed by the

                       Additional Sessions Judge, Khed – Rajgurunagar, Dist. Pune. rejecting the

                       discharge application of the Applicant.

                       3.           It is prosecution’s case that Applicant and co-accused murdered

                       the husband of the First Informant on the ground of land dispute.



                                                         Page 1 of 3
                                                          3-REVN-445-2025 (CR).doc

Tikam


    4.         It is contention of learned counsel for the Applicant that there

    are specific allegations against Accused No.1 – Amar Vayal about killing

    the deceased. The allegations against the Applicant are that the Applicant

    along with co-accused conspired to kill the deceased. Except the statement

    of Abhijeet Yalbar, there is no evidence produced to show the involvement

    of the applicant in the crime.      But this fact is not considered by the

    Learned Additional Sessions Court and requested to allow the Revision

    Application.

    5.         It is contention of learned APP that land dispute was going on

    between Applicant and the deceased and due to the said land dispute, the

    complaints were filed against each other.         Applicant and Co-accused

    conspired to kill the deceased. Accordingly Accused No.1 murdered the

    deceased. To prove the conspiracy, evidence is required.       The statement

    of witness Abhijeet Yalbar shows the angle of conspiracy. The Learned

    Additional Session Judge has passed well reasoned order. No interference

    is required in it and requested to rejected the application.

    6.         I have heard both learned counsel. Perused impugned order

    and documents produced on record. The prosecution's case against the

    Applicant is based on the statement of Abhijeet Yelbar, where he has

    stated that on 15/10/2021, he overheard           the conversation between

    Applicant and co-accused. Except this statement, no other evidence is



                                      Page 2 of 3
                                                         3-REVN-445-2025 (CR).doc

Tikam


    produced on record to show the involvement of the Applicant in the crime.

    In my view, the statement of this witness was recorded after 10 days of the

    incident. This witness did not inform about overheard conversation to the

    deceased or the family members. Hence, merely a statement cannot be

    considered as cogent evidence against the Applicant. As per the statement

    of eye witnesses Accused No.1 murdered the deceased.              If trial is

    continued, it would amount to abuse of process of law. In view of above, I

    pass following order:

                                      ORDER

    (i)        Revision Application is allowed.

    (ii)       The order dated 13/03/2025 passed by the Learned Additional

               Session Judge, Khed-Rajgurunagar, Dist. Pune in Exhibit-13 in

               Sessions Case No. 39 of 2022 is quashed and set aside and the

               Applicant is discharged from the offences punishable under

               Sections 302, 120(B) of IPC, 1960 and under Section 4,25,27 of

               the Arms Act, 1959.

    (iii)      Revision Application is disposed of.

    (iv)       Pending Interim Application is also disposed of.



                                                   (SHIVKUMAR DIGE, J.)




                                     Page 3 of 3


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