DINESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this criminal Appeal, the appellant (original accused) has challenged judgment and order dated 10.5.2007, passed by the learned Additonal Sessions Judge, Shahada in Sessions Case No. 24 of 2004, thereby convicting him for the offences punishable under Sections 302, 201 and 406 of I.P.C. and sentencing him to suffer R.I. for life and to pay fine of Rs.10,000/- i/d to suffer R.I. for one year in respect of offence punishable under Section 302 of I.P.C. He was also directed to pay fine of Rs.5,000/- each for the offences punishable under Sections 201 and 406 of I.P.C. i/d to suffer R.I. for six months in respect of said offences. It was directed that the substantive sentences shall run concurrently while the sentences awarded "in default of the payment of fine amount, shall run separately.

(2.) The prosecution case, in a nutshell, is that the P.W.1 Lakhaji Bhuraji Marathe, is the owner of Marshal Jeep bearing registration No. MH-15 AH 6440 (for short "the jeep"). One Akhtar Hussain Gulam Hussain (deceased) was working as a driver on the jeep, as employee of P.W.1 Lakhaji. On 7.3.2004, the appellant obtained the jeep from P.W.1 Lakhaji on hire for two days for visiting Bhavnagar to see his ailing father. Accordingly, P.W.1 Lakhaji gave jeep to the appellant with said Akhtar Hussain, as jeep driver over it. P.W.1 Lakhaji has instructed said Akhtar Hussain to make phone calls in the morning and in the evening time.

(3.) Upon the complaint (Exh.33) P.S.O. Akkalkuwa has registered crime No.20 of 2004, initially for offences under Sections 363, 406 of I.P.C. The investigation conducted by P.W.6 Popatrao Shripatrao Thorat (P.W.6 ). On 22.3.2004, P.W.6 P.S. Thorat recorded confessional statement of the appellant and in consequence traced the place of incident i.e. "Mati Shivar" where the appellant allegedly has committed murder of said Akhtar Hussain, with the help of accused No. 2 Tulshi and accused No. 3 Bharat. P.W.6 then brought accused Nos. 2 from Vartej and arrested him on 23.3.2004 by preparing arrest panchnama in Akkalkuwa police station (Exh.35). On 28.3.2004, P.W.6 made recovery of muddemal "rope" (Article 8) which was allegedly utilized by the present appellant in asphyxiating said Akhtar Hussain, in consequence to disclosure statement made by appellant in presence of panchas. In the meanwhile, P.W.6 has secured possession of jeep from Vartej police station and prepared seizure panchnama on 29.3.2004 (Exh.36). On 30.4.2004, P.W.6 has arrested accused 3 by preparing arrest panchnama in Akkalkuwa police station (Exh.37). P.W.6 has collected autopsy report in respect of skeleton remains and unknown person dated 15.3.2004, issued by P.W.5 Dr. Satish Dinkar Kalele (P.W.5 Dr. S.D. Kalele) and Dr. K.J. Nandolia, Medical College Bhavnagar (Exh.64). In the meanwhile, on 7.4.2004, P.W.6 has produced the accused Nos. 1 and 2 before P.W.7 Shashikant Eknath Bangar (P.W.7), the J.M.F.C. Taloda for recording of their confessional statements. P.W.7 has recorded confessional statement of the appellant on 8.4.2004. In the meanwhile, P.W.6 has collected one skull with mandible with coloured photographs and report of Shri K.P. Nanavati, Scientific Officer, regional Forensic Science Laboratory, Government Officer Gujarat, Janagadh (Exh.30). P.W.6 has also secured age estimation report dated 26.5.2004 from P.W.5 Dr. S.D. Kalele (Exh.74). P.W.6 has secured Chemical Analyzer's report in respect of the muddemal rope (Exh.75). After the completion of investigation in usual manner, P.W.6 Thorat has filed charge sheet against the accused persons. Initially, the charge sheet (Regular Criminal Case No. 53 of 2004) was filed before the learned Judicial Magistrate (First class), Taloda, who in turn vide order dated 21.6.2004, committed the case to the Sessions Court at Shahada for trial.