SAKHARAM SHANKAR BANSODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special leave granted.

(2.) The sole accused in the case is the, appellant. He is convicted under S. 302 Indian Penal Code and sentenced to undergo imprisonment for life for the offence of committing the murder of one Nirmala. The occurrence is said to have taken place in a multi-storeyed building near the stair-case where she was working as a maid servant in one of the flats. The deceased was the wife of PW 5 and they were residing in Chembur, Bombay and the accused was residing in the adjacent hut along with his mother and younger brother. PW-5 suspected that the accused had developed illicit intimacy with the deceased and also slapped him and asked him not to visit his house. About a month thereafter, PW-5 went to his native place at Satara, leaving his wife at Bombay. The accused tried to renew the illicit intimacy with wife of PW-5 but she did not respond. Two days prior to the incident, the accused threatened the deceased with dire consequences in case she did not leave her husband and children and join him. The deceased told her sister (PW-9) about the threat given by the accused. On the day of occurrence, 3-5-77, the deceased went to the house of PW-3 and worked there as a maid-servant up to 11.00 a.m. and left the place thereafter and she was found dead with several incised wounds in a pool of blood at the landing place of first floor of the building in the Sindhi Society, Chembur. PW-1, owner of the building informed the police. A case was registered, inquest was held and the dead body was sent for post-mortem. The doctor found several incised wounds which were fatal. The A. P.I. Baware, investigated the case and recorded the statements of PWs. 1, 2, 9 and 6. P. W. 12, Head Constable was deputed to trace the accused. But the accused was found absconding. On 8-5-77 it is alleged that the accused visited the house of PW-1 , who is supposed to be his friend and was residing there at Pravaranagar - about 350 kms. away from Bombay. PW-11 deposed that the accused came to his house and had meal with him and while taking rest, the accused confessed that he committed the murder of the deceased because he was infatuated towards her and since she refused to share his company. Soon after, the accused left the place taking Rs. 2.00 from PW-11. On 8-5-77, the Head Constable (PW-12) contacted PW-11 and coming to know about the extra-judicial confession made by the accused recorded PW-11's statement and went in search of the accused and ultimately arrested him in a different village on 13-5-77 and was produced before the investigating officer. He seized the bloodstained clothes of the accused on 14-5-1977, which, according to the prosecution, the accused was still wearing. It is further alleged that at the instance of the accused, the dagger was recovered from a gutter. On completion of the investigation, the charge-sheet was laid.

(3.) The accused totally denied the offence and stated that a false case has been put up against him. He also denied that he made a confession to PW-11 about the alleged crime. The trial Court relied upon the circumstances viz., the motive, recovery of the dagger and also blood-stained cloth and retracted extra judicial confession.