Chain of Evidence Leads to Conviction in 2008 Mumbai Murder Case.


24 April 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Evidence >> Criminal Law   |   Murder Homicide >> Criminal Law  

In Eknath Krishna Kadam v/s The State of Maharashtra, Through Police Inspector, Mumbai., the Bombay High Court has upheld the conviction and life sentence of a man for the murder of Anil Vaswani and the subsequent robbery in his Mumbai residence back in 2008. The judgment, originally delivered by the Ad-hoc Additional Sessions Judge, Sewree, Mumbai on December 10, 2009, in Sessions Case No. 778 of 2008, found the accused guilty under Sections 302 (murder) and 397 (robbery with attempt to cause death or grievous hurt) of the Indian Penal Code (IPC), 1860.

The case, hinging significantly on circumstantial evidence and the crucial "last seen theory," unfolded after the deceased, Anil Vaswani, enlisted the help of the Appellant to pack household items in preparation for a house move. The Complainant, Harsha Vaswani (PW/1), daughter of the deceased, resided with her two sisters and father.


 

 

The sequence of events leading to the tragic discovery began on July 30, 2008, when the Appellant arrived at the Vaswani residence at 11:30 pm. The family and the Appellant packed until the early hours of July 31st, after which they retired to sleep. The sisters awoke later that day and left the house around 4:30 pm, leaving the deceased and the Appellant alone, still engaged in packing.


Upon leaving, Harsha Vaswani received confirmation from their landlord about the return of their deposit. Attempts to relay this information to her father via phone proved futile. The sisters returned home at 8:30 pm to find the house unlocked, unlit, and ransacked. Almirah doors stood open, belongings were scattered, and jewelry boxes were empty. Their father and the Appellant were nowhere to be seen.

The horrifying discovery followed when Harsha switched on the hall light, revealing bloodstains and a rolled mattress. Underneath, they found their father lying unconscious with a severe head injury. A complaint was immediately lodged with the Versova Police Station, leading to the registration of FIR No. 221/2008.

Police investigation, including the spot panchnama and post-mortem examination, was swift. Crucially, on August 11, 2008, the Appellant was apprehended while travelling to Pune. A search of his bag revealed gold ornaments belonging to the Vaswani family and the deceased's mobile phone. Subsequent investigations led to the recovery of more stolen jewelry from various goldsmith shops at the Appellant's behest and the discovery of his blood-stained clothes. An identification parade further solidified the case against the Appellant.

The prosecution's case rested heavily on the "last seen theory," arguing that the brief window between the sisters leaving the deceased with the Appellant and their return to find him murdered strongly implicated the Appellant. The High Court concurred with the trial court's reliance on this principle, citing Supreme Court precedents that establish guilt when the time gap is minimal and the possibility of another perpetrator is negligible.

While the defence raised objections regarding the identification parade and the recovery of evidence, the High Court found these arguments unconvincing. The court noted the consistent identification of the Appellant by multiple witnesses and the corroborating forensic evidence, including the matching blood group found on the Appellant's clothes and at the crime scene.

Furthermore, the court invoked Section 106 of the Indian Evidence Act, highlighting the Appellant's failure to provide any plausible explanation for his whereabouts during the crucial hours after he was last seen with the deceased. This lack of explanation served as an additional link in the chain of incriminating circumstances.

The High Court's judgment meticulously analyzed the testimonies of the 17 prosecution witnesses, concluding that the evidence presented a compelling and unbroken chain pointing unequivocally to the Appellant's guilt. The brutal nature of the 19 injuries detailed in the post-mortem report further solidified the intention to cause death.

In dismissing the appeal, the High Court affirmed the trial court's well-reasoned decision, stating that the prosecution had successfully established the Appellant's guilt beyond all reasonable doubt based on legal, admissible, and cogent evidence. The conviction and sentence were thus upheld, ensuring that the perpetrator remains behind bars for this heinous crime.


Section 106, Indian Evidence Act - 1872  

Indian Evidence Act, 1872  

Section 302., Indian Penal Code - 1860  

Section 397., Indian Penal Code - 1860  

Indian Penal Code, 1860