SHASHIKANT SHANTARAM BHANDARI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 21/9/1998 thereby the accused/appellant herein has been convicted for the offence punishable under Sec. 302 of Indian Penal Code (for short 'IPC').

(2.) The prosecution case in nutsehll is as under:-

(3.) It is the case of the prosecution that, accused Shashikant made voluntary disclosure in the police station before two panchas that he would show the place where the dead body of his aunt Vatsalabai was lying. Accordingly, memorandum of accused Shashikant as regard to discovery of place was recorded in the police station in the presence of panchas and the same memorandum is at Exhibit-22. After recording memorandum the accused Shashikant led panchas and police party to the place where the dead body of deceased Vatsala was lying. The accused Shashikant pointed out the spot where the dead body of Vatsala (deceased) was lying after reaching to the spot of Chikkuwadi. Police Officer Joshi (PW 1) drew the panchnama of the place of offence in the presence of two panchas where the dead body was lying in the presence of P.I. Gholap (PW 6). The said panchnama of discovery of place of offence is at Exhibit-22-A. After the inquest panchnama of dead body of Vatsala (deceased) was drawn at that time certain articles were taken in-charge under the said inquest panchnama (Exhibit-28). Those articles were pair of Chappals of Lata (PW 3) Article-2 collectively., pair of chappals of Vatsala (deceased) Article-4 collectively. Thereafter police officer Joshi, police officer Gholap and accused Shashikant came to the police station by deputing a guard near the dead body of Vatsala (deceased).Thereafter, police officer Joshi (PW 1) sent the dead body of Vatsala (deceased) for post mortem and at that time he had told to the constable to take charge of the clothes of the deceased and accordingly the said constable took charge of the clothes of the Vatsala (deceased) and produced it before police officer Joshi. The clothes of Vatsala (deceased) are at Article-5 collectively. The ear rings and bangles belonging to Vatsala (deceased) are marked at Article 6 collectively. While drawing the inquest panchnama police officer had taken in-charge blood mixed earth and simple earth from the place of incident. Thereafter, during the course of investigation police officer Joshi recorded the statement of Nitin (PW 2) and Lata (PW 3) in the presence of police officer Gholap (PW 6) in the police station on 01/06/1984. All the seized articles were sent to the Chemical analyzer, so also, the accused was also sent to Nagpada Police Hospital for examination. Subsequently, the chemical analysers report Exhibit-6 was received by police officer Gholap. After collecting necessary documents such as post mortem notes and other documents, P.I. Gholap (PW 6) submitted the charge sheet after completion of investigation against the accused on 30/08/1984 in the Metropolitan Magistrate's Court. The learned Metropolitan Magistrate committed the case to the Court of Sessions on 30/08/1984. Learned Sessions Court framed charge against the accused under Sec. 302 of IPC, its contents were read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. The defence of accused is of total denial. The accused stated in his statement recorded under Sec. 313 of Code of Criminal Procedure that, he is innocent and he has not committed any offence as alleged by the police and he has been falsely implicated in this case. Hence, this appeal.