DYANDEO APPA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the original accused Dyandeo Appa Gaikwad is directed against the order of his conviction and sentence under sections 302 and 392 of the Penal Code recorded against him by the learned Additional Sessions Judge, Ahmednagar, in Sessions Case No. 85 of 1975.

(2.) Prosecution case, briefly stated, has been thus. One Bhivaji Gaikwad of village Devibhoyare owned several goats. He had a daughter by the name of Chandrabhaga who, at the relevant time, was about eleven years old. On the morning of 18th April, 1975, Bhivaji sent with her said daughter about twenty-four goats for grazing. In view of the fact that, as per normal practice, she did not return home for lunch, her elder sister Kaushalya was sent with meals and was asked to return with Chandrabhaga in the evening along with the goats. Kaushalya, however, soon came back saying that neither Chandrabhaga nor the goats was found. Search was then made for Chandrabhaga as also for the goats, but no trace was found. On the morning of the next day 19th April, 1975, Baban Belote and Savleram (the uncle of Bhivaji) went to the weekly Saturday bazar at Ghodnadi to see whether the lost goats could be found in the bazar. At the said bazar, they found the lost twenty goats. One Jankiram was near the goats. He stated that these goats were brought there by one Mahar boy and the two goats were put in the truck nearby. Baban and Salveram went to the truck and found therein two goats which had been taken by Chandrabhaga for grazing. Kasam Ahamad who was near the truck stated that he had purchased those two goats for Rs. 40/- and that the same may be taken back after repaying the amount. Baban and Savleram then met one Namdeo Appa Mulay who had gone to bazar for selling his Kardi seeds and who had introduced the Mahar boy to Jankiram. Thereafter, the twenty goats which were near Jankiram and the two goats which were in the truck were brought back by Baban and Savleram to their village Devibhoyaro. According to the prosecution, these goats were stolen by the accused and had been taken to the weekly market at Ghodnadi for disposing of the same by selling them. According to the prosecution further, before Baban and Savleram had reached the market, the accused had already sold away three goats to Jankiram who in turn had sold them away to a stranger who had left and could not thereafter be traced. The prosecution story further goes on to allege that after the goats were brought back to the village in question, the complainant Laxman, the son of Bhivaji, informed the police patil of the village. Search for Chandrabhaga and the remaining goats continued, but nothing was found. On the morning of 20th April, 1975, complainant Laxman went to the Police Station and lodged his complaint Exhibit 8. Offence was registered under sections 363, 392 and 411 of the Penal Code. Police Head Constable Sarmane was directed to investigate. In the course of investigation, the accused was arrested at 2.45 a.m. between the night of 20th and 21st April, 1975. According to the prosecution, an offence of murder was disclosed during the interrogation of the accused. Report accordingly was sent by Police Head Constable Sarmane to his superiors. On the morning of the next day 21st April, 1975, the accused is alleged to have made a statement, in pursuance of which Police Head Constable Sarmane and panchas and others went to a well and took out therefrom the dead body of Chandrabhaga. Information aforesaid having reached P.S.I. Mali, offence was registered also under section 302 of the Penal Code and investigation thereafter was taken up by the said P.S.I. The dead body was sent for autopsy. Statements of witnesses were recorded. Various panchanamas were effected and after completion of investigation, the accused was charge-sheeted before the Court of the Judicial Magistrate, First Class, Parner. The learned trial Magistrate committed the accused to stand his trial before the Court of Sessions, Ahmednagar.

(3.) Before the Sessions Court, the accused was charged under sections 302 and 392 of the Penal Code. Defence of the accused was one of total denial. He denied either having stolen the goats in question or having murdered Chandrabhaga. He pleaded ignorance both regarding the goats as also regarding the death of Chandrabhaga. He also denied having made any statement, in pursuance of which the dead body of Chandrabhaga was taken out from the well in question. He also denied any statement, in pursuance of which one female goat was recovered. It was his further case that the prosecution witnesses were tutored. Some of them were even beaten to make statements in a particular way before the Court. He claimed to be innocent and not guilty of the charges levelled against him.