MUMBAI, OCT 18: The Bombay High Court has passed detailed directions to the state police and trial courts in the matter of recording evidence and writing the panchnama. The directions were passed by a division bench of Justice D K Trivedi and Justice D G Deshpande when they found glaring errors in police files in recording the exact location of a murder in Mumbra. In fact, the two judges had made a spot inspection of the site in August 1999 before passing the directions last week.In a 46-page judgement, it has directed that police officials should endeavour to present the exact and correct map or picture of the site of offence and its surrounding areas and places where the witnesses claimed to be present at the time the offence was committed. It has also directed that these guidelines be sent to all police stations in the state.The bench decided to inspect the spot following a dispute between the state prosecution and the appellants in the murder of one Ramdas, a farmer from Dahisar, who was murdered inMumbra. The case dealt with appeals, three filed by those accused in the case and who had been convicted by the lower courts as well as appeals by the state government against three others who had been acquitted by the lower courts. The dispute between the two parties, where the appellants were represented by advocate Shirish Gupte and the state by assistant public prosecutor, A M Shringarpure, pertained to the site where the murder had taken place.The bench has also passed directions to the lower courts on exactly how the prosecution should proceed to ensure that no accused is acquitted on the ground of a lacunae on the part of the prosecution. Accordingly, the bench said that the exact words of the witnesses to the act of crime should be recorded so that there is no problem while leading evidence in the case. It also reminded the trial courts to bear in mind that the ``mere proof of a panchnama is not sufficient to ensure conviction''. The bench has also remarked that the recovery of weapons at theinstance of the accused should also be proved by evidence in court.In the process, the bench then allowed the appeals of the state government against three accused who had been acquitted. The bench convicted Nasir Babu Sheikh and Pandurang Patil under Section 302 (murder) and sentenced them to life imprisonment. Similarly, the government's appeal in the case of Janaradhan Patil was allowed and convicted him under Section 326 (grievious hurt) read with Section 149 (attempt to destroy evidence) and convicted him to 10 years' rigorous imprisonment.The appeals of those convicted by the lower courts were dismissed and in all the bench has upheld convictions of 12 accused.
