BARKU BHAVRAO BHASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court of Bombay dated 10.02.2006, in Criminal Appeal No.1024 of 2001. The sole accused is the appellant before us. He was convicted by the trial Court in Sessions Case No.49 of 2001, for the offences punishable under Sections 364, 302 and 201 of IPC. He was imposed with sentence of life for the offence proved under Section 302 IPC and five years' rigorous imprisonment for the offence under Section 354 IPC apart from three years rigorous imprisonment for the offence under Section 201 IPC. The trial Court also imposed fine with a default sentence. On appeal, the High Court having confirmed the conviction and sentence imposed, the appellant has come before us by filing this appeal.

(2.) The case of the prosecution as projected before the trial Court, to be stated in a nutshell was that the deceased was a female child aged about 6 years and was the daughter of the complainant PW-1. The accused was also related to the family of PW-1. PW-1 used to undertake masonry work. The appellant also worked under PW-1 on certain occasions and according to PW-1, as supported by the version of his brother PW-5, there was some dispute relating to payment received by the appellant, by way of wages and for which no services were rendered by him. It is the case of the prosecution that the appellant was responsible for the killing of the deceased Rakhi, daughter of PW-1 and the motive attributed for such killing was the wage dispute that was pending between the appellant and PW-1. The occurrence took place on 03.12.2000.

(3.) According to the prosecution, the mother of the deceased, PW-3, had seen the deceased in the company of the appellant at around 10.30 am at her residence when the appellant said to have fed sugarcane to the child Rakhi. PW-3 at that time was stated to be washing the clothes and after completing her domestic work, she noticed that both of them were not present in the house. At around 1.15 pm, according to PW-7, a sweet vendor in that area had an occasion to see the appellant and the deceased, since the appellant bought some sweets in his shop for the deceased. Thereafter, in the evening, after PW-1 returned back from his work, he found that the deceased Rakhi was not at home. He then along with his brother PW-5 and one Balvant PW-4, went to the house of appellant but they could not find the child over there. PW-3 informed that she saw the child in the company of the appellant and that since the appellant was nowhere to be found she felt that the accused might have taken the deceased Rakhi to the village Kakane, as he was earlier stating that he wish to take the child to the village to see his mother who happened to be the grand-mother of the child. The complainant PW-1 along with PW-4, stated to have gone to the village Kakane and made enquiries about the missing child Rakhi but neither the accused nor the deceased were found there. Thereafter, in the evening, PW-1 came to know that appellant was seen taking the child along with him by one Mohna, another child of the same age group as the deceased. PW-1 once again went back to the village and brought the appellant to his house and on his way back, the appellant appeared to have made an extra-judicial confession by stating that if he was not beaten, he would tell the truth and so saying revealed that he had killed the child on account of the wage dispute as between him and PW- 1. The appellant then stated to have informed that he took the deceased Rakhi to Patvihir Shivar area, near the mountain and killed her there where he stated to have hidden the dead body under the stones.