of Maharashtra Vs. Madhukar Govind Pakhare 
INSC 222 (16 April 1998)
Nanavati, S.P. Kurdukar Nanvati. J.
State has filed this appeal against the acquittal of the respondent who was
convicted by the trial court but acquitted by the High Court. This is a case if
circumstantial evidence. The circumstances which were relied upon by the
prosecution were relied upon by the prosecution were as under:
accused and the deceased last seen in the company of each other;
Finding of blood-stained clothes and footwear in the house of the accused under
Finding of human blood on the pyjama seized from the persons of the accused at
the time of arrest of the accused;
Recovery of the stone at the instance of the accused and the same being
blood-stained with human blood of ~'A' Group; and
False explanation alleged to have been given by the accused to the inmates of
the house of the deceased-Dnyany on 14th April 1982." The trial court did not rely
upon circumstances Nos. 2 and 3 but relying upon other circumstances, it
convicted the respondent.
High Court did not place any reliance upon the recovery of blood stained shirts
from the house of the accused as in the panchnama under which they were seized
it was not at all stated that there were blood on those shirts.
'chapals', which were recovered from the house, no human blood was detected.
Therefore, no reliance was placed by the High Court on that circumstance also.
The High court doubted recovery of the stone with which the deceased was
alleged to have been killed on the ground that the whole story was improbable
particularly when it was found from a distance of 1&1/2 furlongs. Moreover,
the prosecution had failed to establish where the incident had taken place.
have gone through the evidence and we find that the view taken by the High
Court is not unreasonable. The - appeal is, therefore, dismissed. Bail bond of
the respondent is cancelled.