DILIP SUDAM WADMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is the appeal against the judgment and order dated 10th August, 1994 passed by Additional Sessions Judge, Beed in Sessions Case No. 13/94 thereby convicting the appellant for the offence punishable under section 302 I. P. C. and sentencing him to imprisonment for life and payment of fine of Rs. 500/- in default further rigorous imprisonment for six months.

(2.) PROSECUTION case, in brief, is as follows : on 11-9-1993 at about 2 p. m. Police Patil of village Murshadpur (examined as P. W. 2) was informed by one Suryabhan Javale (examined as P. W. 1) that a dead body of an unknown woman was lying in the field of Asaram Javale. The said Police Patil, therefore, went to the field of Asaram Javale and saw dead body of unknown woman. He posted Kotwal on the spot and went to the Police Station at Beed and lodged report at Exhibit 17. The report lodged by said Police Patil came to be reduced into writing by P. S. I. Ramrao (examined as P. W. 6 ). An offence punishable under section 307 of I. P. C. came to be registered at Exhibit 17. P. S. I. Ramdas visited the place of the occurrence and recorded inquest panchanama at Exhibit 12 and also spot panchanama at Exhibit 15. The dead body of unknown woman aged around 30 years was found lying with end of the saree on the neck suggesting thereby that the woman had been strangulated to death. The dead body was found in the field known as "barad" field belonging to one Asaram Javale situated at a distance of about one furlong from Beed Limbarui road. Marks of the dragging of body from the place where it was lying upto Babool tree at a distance of about one furlong were visible from under the tree of Babool. A pair of chappal and chit bearing name of hospital and photograph were also allegedly attached. P. S. I. Ramdas sent the body for post-mortem examination, recorded the statement of witnesses and filed the charge sheet against the appellant and his father. The appellant came to be arrested on 20-9-1993 at 11. 30 p. m. The father of the appellant Sudam was not to be found and was shown as absconding in the charge sheet. The appellant only came to be tried for the offence of murder of that unknown woman who later came to be identified as Manda.

(3.) THE appellant pleaded not guilty when the charge sheet came to be framed and explained to him by learned trial Judge. His defence has been of total denial. Learned Judge, on the basis of evidence as came to be adduced before him, proceeded to convict the accused and pass sentence which has been impugned in this appeal. On the basis of evidence of Dr. Pandurang (examined as P. W. 4) who conducted post mortem learned, Judge held that deceased died homicidal death. Dr. Pandurang in his post mortem notes at Exhibit 23 had found ligature mark around neck of the deceased, ecchymosis changes below the ligature mark and opined that deceased died on account of asphyxia due to strangulation.