STATE OF MAHARASHTRA Vs. RAJU DADABA BORGE

JUDGEMENT

(1.) SINCE Confirmation Case No. 2 of 2000 and Criminal Appeal No. 222 of 2000 arise out of the same set of facts and are directed against a common judgment, we are disposing them off by one judgment. Through his judgment dated 2nd February, 2000 passed in Sessions Case No. 1327 of 1996, the IInd Additional Sessions Judge, Kalyan convicted and sentenced Raju Dadaba Borge in the manner stated hereinafter :---

(2.) AFTER regaining consciousness, Sangeeta was interrogated and as is manifest from parts A and B of her statement under section 161 Cr. P. C. with which she was contradicted, she gave ocular account of the incident.

(3.) THE evidence of Sr. P. I. Ashok Kamble P. W. 10 shows that the same morning (morning of 2-11-1995) Head Constable Jagtap arrested the appellant and brought before him. He drew the arrest panchanama of the appellant Exhibit 17 and in the presence of public panchas Anil Rajput P. W. 2 (who turned hostile) and Dipak Jadhav P. W. 1 recovered the blood stained clothes of the appellant namely pant, banian and shirt, under a panchanama. The evidence of Sr. P. I. Ashok Kamble further shows that on the same date (2-11-1995) the appellant during the course of his interrogation stated that he could show the place where he had thrown the dead body of his youngest daughter Soni @ Anjali. Consequently, P. I. Kamble called for two public panchas out of whom one namely Devidas Jamdar P. W 7 has been examined. In his presence, he recorded the willingness of the appellant under a panchanama. Thereafter, the appellant led P. I. Kamble and public panchas to M. S. Quarters (behind Red cross land) and took out the body of Soni which was covered with foliage from the slope. The said corpse was seized by the police under panchanama Exhibit 31. A cement concrete stone weighing 5 kg was also seized by the police. The said seizure was not made under a panchanama. It is pertinent to mention that Sr. P. I. Kamble interrogated a large number of witnesses during the course of investigations. During investigation he also seized articles like plain earth and blood stained earth from the place of the incident and seized the blood stained clothes of the victims. The seized articles were sent to the Chemical Analyst. On completion of the investigation, the appellant was charge sheeted.