SATISH RAMCHANDRA BAVBANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence passed by the learned Additional Sessions Judge, Pune on 2nd April 2002 in Sessions Case No. 536 of 1999 and the accused has been convicted for the offence punishable under Section 302 of IPC and sentenced to suffer life imprisonment. He has been acquitted of the charges punishable under Sections 363 and 366 of IPC. He is presently undergoing the sentence.

(2.) As per the prosecution case, briefly stated, the accused and deceased Neeta, daughter of PW 1 - Sham Murlidhar Hendre as well as PW 2 - Leena Gokhale and PW 26 - Ashish Patankar were the residents of Rakshalekha Society in Dattawadi area of Pune city and all of them were known to each other. The deceased Neeta was aged about 16 years and was a student of Garware College in 11th standard in the academic year 1999-2000. She had joined Dake Coaching Classes which she used to attend along with PW 2- Leena Gokhale. The accused was in love with deceased Neeta and he had proposed to marry her. On 23/9/1999 the deceased and PW 2 left Rakshalekha society at about 5.15 p.m. so as to go for the tuition classes which were to start at 5.30 p.m. and after the class was over at 6.30 p.m. the accused along with PW 26 reached the premises of the tuition class on his scooter. The accused and the deceased went together as was demanded by the accused and PW 2 and PW 26 waited in the premises of the tuition classes. When the deceased did not return for about one hour, PW 2 returned home at about 7.45 p.m. and met the father of the deceased who was waiting and informed him that the deceased went in the company of the accused at about 6.30 p.m. and did not return. PW 1 fainted and fell down. PW 26 - Ashish searched for the accused on the scooter and could not locate him and, therefore, returned to Rakshalekha Society at about 9.15 p.m. on the scooter of the accused. He saw that some persons had gathered in the society and they enquired with him. He informed them that the accused and the deceased after the coaching class was over at about 6.30 p.m. went together and did not return. Some members of the society, therefore, approached the Dattawadi Police chowki at about 9.30 p.m. where PW 13 - Ajit Joshi was the PSI and they informed him that the deceased was taken away by the accused and both were the residents of Rakshlekha society. Though they did not file any written complaint, PW 13 swung in action for tracing the deceased and the accused. He also asked the police teams to visit the residence of the accused and keep a watch on his whereabouts. Between 11 to 11.30 p.m. he got a report from the police that the accused was not found. At about 11.30 p.m. PW 1 reached the police chowki and lodged his FIR (Exhibit 28) under C.R. No. 294 of 1999. A morcha was taken on 24/9/1999 to the Dattawadi Police Chowki condemning the incident and urging the police to arrest the accused at the earliest.

(3.) On completion of investigation charge-sheet came to be filed for the offences punishable under Sections 363, 364, 302 and 404 of IPC and as the case being triable exclusively by the Sessions Court, it was committed. Charge was framed on 11/7/2000.