STATE OF MAHARASHTRA Vs. MONIKA KIRAN SURYAWANSHI

JUDGEMENT

(1.) The present criminal appeals are being preferred before this Court against the judgment and order dtd. 10/3/2010 in Criminal Appeal No. 61/2008 with Criminal Appeal Nos. 72/2008 and 332/2008, passed by the Hon'ble High Court of judicature at Bombay, bench at Aurangabad, by which the Hon'ble High Court had set aside the order of conviction under Sec. 302, 201 read with sec. 34 and under Sec. 120(B) of Indian Penal Code (herein after referred to as 'IPC') passed by the learned Trial Court and acquitted the respondent numbers 1 to 3.

(2.) The accused No. 1 Monika was married to the deceased Kiran Suryawanshi, who was serving in I.C.I.C.I. Bank in the year 2001 and it was a love marriage and they were residing at plot no. 103, Shramsafalya Colony, at Deopur and they were also blessed with one daughter namely Hemal out of the said wedlock. It is alleged that, the accused no. 2 Prakash is neighbour of accused no. 1 and was staying in plot no. 104, Shramsafalya Colony, Deopur and he had love affair with accused no. 1 Monika whereas accused no.3 Dnyaneshwar and accused no. 4 Deepak are friends of accused no. 2.

(3.) It is also alleged that the conspiracy was hatched by accused nos. 1 and 2 along with accused nos. 3 and 4 to eliminate Kiran Suryawanshi and then to bury his dead body and accused nos. 2 and 3 went near Nakane Dam with intention to bury the body. It is further alleged that accused no. 1 administered some sedative tablets and injections to victim Kiran Suryawanshi and thereafter his head was smashed with the help of grinding stone and thereafter his body was wrapped in a plastic bag and bed sheet. Pursuant to the conspiracy, accused Nos. 2 and 3 had hired a motorcycle of their friend namely Rahul Jagdale and after accused no. 1 Monika killed the victim Kiran, the dead body of Kiran was being carried on the said motorcycle in the morning of 15/2/2007. While they were carrying the said dead body on the motorcycle, P.W.19 Police Constable Rajendra Mohite saw them and noticed that something was kept in between them and, therefore, he stopped them immediately and questioned them, but the accused nos. 2 and 3 gave evasive replies. Since the said place came under the jurisdiction of Deopur Police Station, P.W.19 Rajendra Mohite called his friend Prabhakar Bramhane, attached to Deopur Police Station by telephone, who arrived on the said spot along with Constable Mukhtar Shaikh and on seeing them, the accused nos. 2 and 3 were frightened. P.W.19 Rajendra Mohite noticed a human foot protruding out of the bundle when he saw it carefully and, therefore, questioned both the accused nos. 2 and 3 and they disclosed their names as Prakash Nagraj Patil and Dnyaneshwar Gangaram Mahale, respectively. On further questioning, they disclosed that it was a dead body of Kiran Suryawanshi.