NILESH BABURAO GITTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Nilesh Baburao Gitte (the appellant) stands convicted for matricide-killing of one's own mother. By the present appeal, the appellant calls in question the correctness of the judgment of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.447 of 2012 dtd. 23/7/2013. By the said judgment, the High Court, while dismissing the appeal of the appellant, confirmed the conviction and sentence imposed on him by the Additional Sessions Judge-2, Ambajogai in Sessions Case No. 42 of 2011. The Sessions Judge had convicted the appellant along with one Balasaheb Gangadhar Gitte (appellant before the High Court in Criminal Appeal No.502 of 2012 and since acquitted by the High Court) for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short the "IPC") and sentenced them for life imprisonment.

(2.) The prosecution case unfolded this way. PW-8 - Swati Bhore, Deputy Superintendent of Police, was on duty on 22/7/2010 when she received a phone call from an unknown person informing that there was doubtful death of the deceased-Sunanda (also known as Nanda Gitte) of Talani village. She intimated PW-7 - Vidyadhar Murlidhar Kale, Assistant Police Inspector (API), of Parali Police Station. Thereafter, PW-7 - Kale asked PW-4 - Dadarao Kondiram Bankar, Police Sub-Inspector, to go to the spot and inform as to what the situation was. On receiving information from PW-4 that suspicious things were going on, PW-7 reached there with his staff. According to PW-7, the last rites of the dead body of the deceased were being hurriedly carried out. According to him, when he wanted to inspect the dead body, the mob obstructed him. However, he convinced them and inspected the body and found that there was strangulation mark on the neck and injury on the backside of skull with blood oozing. The crowd, when informed that it was a case of murder, ran away. PW-8 -Swati Bhore also reached the spot and noticed the strangulation mark on the neck and injury on the head. The dead body was removed from the pyre and inquest was carried out. Postmortem was also performed that afternoon.

(3.) Since the area fell within the jurisdiction of Bardapur Police Station, PW-7 informed PW-9 -Sunil Srinavas Birla, Police Inspector. PW-7 also handed over the inquest panchnama, the letter given to medical officer for postmortem as well as the postmortem report to PW-9 who had also by then reached the spot. PW-9 came back to Bardapur Police Station and registered the FIR on 23/7/2010 at 00.45 hours. Investigation was carried out and chargesheet was laid against two accused - the appellant-Nilesh Baburao Gitte and the acquitted accused-Balasaheb Gangadhar Gitte.