KESHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The deceased Uttam Sonwale is the brother-in-law of the appellant. His sister Sarjabai was married to the appellant. He was a resident of village Deulgaon, Taluka Loha in the District of Nanded. Vimalbai is the wife of the deceased. The deceased had taken some loan from the appellant at the time of the marriage of one of his sisters, Savita. Allegedly the appellant was demanding back a sum of Rs.50,000/- to Rs,60,000/-, from him although the principal amount was only Rs.5,000/-. Allegedly he did not allow the deceased to sell even a portion of the family land for the purpose of returning the amount of loan on the ground that his wife Sarjabai had a share therein. The deceased had also borrowed a sum of Rs.1,000/- from PW-6 , Nandu Bhalke.

(2.) On 18th December, 1995 PW-6 came to the agricultural land of the deceased, where he and his wife had been working and demanded back the said amount of Rs.1,000/-. Appellant and another person Gautam (original accused No. 2) also came there. The deceased was expecting payment of some amount of compensation from the State. They allegedly decided to leave for Nanded for collecting the said amount of compensation. At about 3.00 p.m on that day they were allegedly seen together by PW-5, Taterao Sonwale. The deceased did not return back home. Allegedly on 20th December, 1995 the appellant informed the wife of the deceased that he had killed him and asked her not to disclose the said fact to anybody. He undertook to takeover the responsibility of cultivating her land and perform the marriage of her daughters. No First Information Report was lodged. No report was also given to the police in regard to the missing of the deceased, Uttam Sonwale.

(3.) PW-1, Shrikant Devidasrao Bhore was a resident of Nanded. He came to the police station, Vazirabad at about 1.00 or 1.30 p.m. on 23rd December, 1995 informing the Officer Incharge therein that one human skeleton had been seen in his brothers land. The Investigating Officer visited the place and allegedly saw a human skeleton, some clothes and a post card. He also found nearby a big stone having some blood stains. The skeleton was sent for post-mortem on 24th December, 1995 which was received in the hospital at about 11.00 a.m. on 24th December, 1995. Post- mortem examination was conducted at 10.00 a.m. on 25th December, 1995. Except the brain matter, nothing else was found. The post-mortem report purported to have been seized bore the name and address of the deceased. After the receipt of the post-mortem report, a First Information Report was lodged on 26th December, 2005 by the Officer Incharge. Appellant and Gautam were arrested. At the behest of the appellant, recovery of a knife is said to have been made.