SURCHAND RAMJI CHAVAN Vs. STATE

JUDGEMENT

(1.) The appellant Surchand Ramji Chavan (A1) was tried along with three others for the murder of one Motimala, in the Court of the Sessions Judge at Chitradurga in SC. No.16/69 on his file. By his judgment dated 30th November 1970, the .learned Sessions Judge acquitted the other three accused namely A2, A3 and A4, but however, convicted Al under S.302, IPC. and sentenced him to imprisonment for life. This appeal is against the said conviction and sentence.

(2.) Motimala was a resident of Bombay, residing at Mohideen Road, Arab Kalab, Shop No.1, Bombay-8. He was a dealer in empty tins. He was supplying tins to BT. Oil Mills at Davanagere. Surchand Ramji Chavan (A1) was also a resident of Bombay and he was known to Motimala. He was also dealing in empty tins and supplying them to BT. Oil Mills at Davanagere. Some time in the year 1968 Al left Bombay and came and took up a temporary residence at Davanagere. He took a land near Geethanjali Talkies on lease from PW 2 Somanath. He put up a shed there and was residing there and doing his usual business. Motimala "supplied empty tins to BT. Oil Mills in the month of May 1969 and he had to receive Rs.5675-50 being the value of the tins after some deductions. As he did not receive the money from the BT. Oil Mills for the supplies he had made, he left Bombay on June 13, 1969 to Davanagere. At the time he left Bombay, his wife PW.28 Smt.Mulibai was in advanced stage of pregnancy and it was expected that Motimala would return to Bombay from Davanagore early. There is no evidence to show when Motimala WPS murdered. But, however, there is indisputable evidence in this case to show that he approached PW.11 Nabhiraj, the Managing Director and PW-12 Nanjundasastry, Accountant, of the BT. Oil Mills, Davanagere, on 17-6-1969 and requested them to pay the amount which was due to him for the supply of empty tins. PW.12 handed over the cheque Ex.P9 issued by PW.11 for Rs.3175-50 and he paid a sum of Rs.2500 in cash to Motimala. At the time Motimala received the cheque and the said sum of money, Al was present with him. Thereafter there is no evidence to show the whereabouts of Motimala.

(3.) As Motimala did not return to Bombay as expected early by PW28, she came to Davanagere and contacted the BT. Oil Mill for information about her husband on 3-7-19GS. By that time on 26-6-1969 the BT. Oil Mills had received the cheque Ex.P9 with the covering letter Ex.P10 in the envelope Ex.P11 by registered post from Bombay purporting to have been sent by Motimala requesting the company to send the money in cash to the address given in the letter as he could not encash the cheque Ex.P9 because of the strike in the Bank. In Ex.P10 the address furnished by Motimala was 'Uijam Devi', wife of Motimala, Usmania Hotel, 47, Stable Street, Bombay-8'. Although the BT. Oil Mills received the letter Ex.PIO along with the cheque Ex.P9 requesting that the money should be sent to Ujjam Devi, who was, A4 in the trial Court, it aponrs they did not take any action immediately. When PW.29 approached the BT. Oil Mills on 3-7-69 she was informed about the cheque and was asked to contact A1. She went to the shed of Al and found that the shad had been locked. Therefore she contacted through phone PW.8 Hiralal Mohilal Thakkar. a lorry transporter in Bombay and ascertained from him that her husband was not to be found at the address given in Ex.P10 Therefore she gave a missing report Ex.P31 on 4-7-69. She returned to Bombay. On 6-7-1969 she learnt that the cheque Ex.P9 was with Al. She gave birth to a child on 8-7-69. Some time before or after she delivered, she complained to the elders of her community about Al possessing the cheque which had been given to her husband. It appears, there was a panchayati and in that panchavati, the father and brother of Al were present. Nothing tangible seepms to have happened. As her husband did not return till then. PW.28 left Bombay on 13-7-69 and reached Davanagere on 15-7- 69. Obviously she left Bombay hardly within five days after she gave birth to a child to ascertain the whereabouts of her husband On the following day i.e. on 16-7-69, she complained to the Police at Davanagere as contained in Ex.P33 suspecting some foul play. PW.29 Gaffer Khan HC. at Davanagere Police Station was deputed by the Sub Inspector of Police to go to Bombay with PW.28, to look into the complaint On 17-7-1969 the HC. arrested Al and the other accused at Bombay produced them before the Magistrate there and obtained remand till 24th of that month. PW.29 brought the accused to Davanagere on 23-7-69 and produced them before the CPI. PW.32 Hanumantha Rao Deshpande.