ANANDRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Sessions Trial No. 2/90, the learned Additional Sessions Judge, Pusad by his judgment and order dated 28-1-1994 found the appellant guilty of having committed offence under section 302 of I. P. C. and convicted and sentenced him to undergo life imprisonment with a fine of 2000/- in default of payment of fine to suffer R. I. for six months. The Court also found the appellant guilty of having committed offence under section 201 and convicted him to suffer R. I. for one year and to pay fine of Rs. 1000/- and in default of payment of fine to suffer R. I. for three months. The substantive sentences of imprisonment were ordered to run concurrently. The trial Court however, acquitted the accused No. 2 Sau Anusuyabai wife of Anandrao Falke of having committed the offence under sections 302 and 201 read with section 34 of I. P. C. The appellant Anandrao Dhondba Falke has appealed against the conviction.

(2.) THE facts were these : On 28-4-1984 at about 7. 00 a. m. one Ganpatgir Vishwanath Giri P. W. 1 who is resident of Marsul and was in the employment of Govind Sadashio Patil found one person lying dead in the heap of dried sticks of cotton near the the embankment in the agricultural field named "khari" of one Govind Sadashiv Patil while he was taking bullock-cart filled with manure from the field. On noticing the dead body, he left the Bullock-Cart there and rushed to the house of Police Patil to inform him of the fact. He informed the said fact to Sakharam Raghoji Maradkar, Padmakar Govind Patil, Niwrutti Krushnaji Waghmare, Rajaram Kondba Mahajan, Govinda Keshao Wanre all residents of Marsul and alongwith Sakharam he returned on the spot where the dead body was lying; he noticed that the dead body was medium built; height about 5. 6"; hair on head short and slightly gray; mark of old injury above left eye; teeth are visible; moustache thick beard shaved 1-2 days prior; forehead was swollen; dead body was lying supine with its head towards the east and feet towards the west; hand is pressed below the back; one hand was by the side of his person. As Ganpatgir suspected that it is a case of murder he went doubleseat on bicycle with Sakharam Raghoji Maradkar to Police Station Umarkhed and gave oral report which came to be recorded and his left thumb impression was obtained. This oral report lodged by Ganpatgir has been marked as Exhibit 87; the same was recorded in the prescribed form under section 154 of Criminal Procedure Code and is marked as Exhibit 29 before the trial Court.

(3.) ON receiving first information report Exhibit 87, P. I. Bhagvanrao Patekar (P. W. 8) registered Crime No. 67/68 at the police station for offence under section 302 of I. P. C. He then sent wireless message to C. I. D. Dog Squad, Nanded and proceeded to the spot at village Marsul. P. I. Patekar found that the dead body was lying under bunch of cotton sticks in the agricultural land bearing Survey No. 69 belonging to one Govindrao Patil. As the dead body was of unknown person he issued a "dawandi" in the village for identification of the dead body. In response to the "dawandi" one Vilas identified the dead body to be of his father Anandrao Sambhaji Matalkar. P. I. Patekar had taken a photographer alongwith him. He directed the photographer to take the photographs of the dead body in presence of two panchas and relatives of the deceased. He prepared inquest panchanama Exhibit 32. He also prepared spot Panchanama Exhibit 47 of the place where the dead body was lying and then sent the dead body for postmortem examination under requisition Exhibit 32. P. I. Patekar then started making enquiry from the persons who gathered there under a Mango Tree and noticed that though number of persons had collected at the place; a close friend of the deceased by name Anandrao had not come. He learnt that the said Anandrao was present in his house and therefore he sent for him by sending a constable. Anandrao son of Dhondiba Falke (appellant) came to the place. The Police Officer asked him as to why he did not come and noticed that the appellant-accused was frightened and could not give proper answers. P. I. Patekar therefore suspected the appellant-accused to be the person responsible for committing murder of his close friend Anandrao and therefore caused his arrest and prepared an arrest panchanama Exhibit 95. On the arrest of the appellant - accused he made a statement which came to be recorded under the memorandum in the presence of panchas which is Exhibit 102. The appellant - accused volunteered to produce certain articles from his house. Thereafter the appellant - accused took the police and the panchas to his house and produced the articles namely two ropes, dhoti, saree, polpat and marriage invitation which were found stained with blood and came to be seized under the panchanama Exhibit 101.