MAHADEO BHILA KUWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 20-1-1995, passed by the Additional Sessions Judge, Nandurbar, in Sessions Case No. 114/1992, whereby he has been convicted and sentenced in the manner stated hereinafter :---

(2.) SHORTLY stated, the prosecution case runs as under : the deceased Rohini and Vidya was daughter of Puna Mangesh Patil, P. W. 1. At the time of the incident, she was residing with her father and family members in village Kauthal, taluka Shahade, district Dhule. At the said time, she was studying in first year Arts at Lonkheda College. On 12-9-1992, some times in the morning, Rohini and Vidya along with, her friend Neeta Patil, P. W. 3, who was also studying in the said college, went to the College. At that time, Rohini was putting Karnaphuli (ear ornaments), Nakphuli (nose ornament) and Kankudi (ear ornament ). She was also putting on a wrist watch. At about 11. 30 a. m. , Rohini returned from the college. She told her father Puna Patil that her wrist watch had stopped and he should provide her a new wrist watch. After a few minutes, Puna Patil went off to sleep. At about 1 p. m. , Rohinis mother asked her to prepare tea, whereupon Rohini replied that she would prepare the same after answering the call of nature. Thereafter, she left the house to answer the call of nature. When she did not return till about 2-2. 30 p. m. , Puna Patils wife woke up Puna Patil and informed him that Rohini had not returned. Thereafter, Puna Patil, along with some others, started searching her. When after some time, he entered the plantation near Veer Stone, he noticed Rohinis chappal at some distance. He thereafter found Rohinis corpse at some distance from Veer Stone. He found, there were scratches on it and the ornaments and wrist watch, which Rohini was putting on, were missing. He brought Rohinis corpse to the courtyard of his house. There, her clothes were removed and she was given a bath. Thereafter, he proceeded to Police Station, Shahade, were he lodged his F. I. R.

(3.) THE evidence of A. P. I. Kashinath Bharate, P. W. 18, shows that on 12-9-1992, Puna Patil lodged an oral F. I. R. at Shahade Police Station on the basis of which Criminal No. 110/1992 under sections 302 and 394 of the Indian Penal Code was registered. The said criminal was registered at about 9 p. m. on 12-9-1992. The evidence of A. P. I. Kashinath Bharate further shows that after recording the F. I. R. , he commenced the investigation. He immediately proceed to the house of Puna Patil in village Kauthal and prepared inquest panchnama of the corpse and sent the corpse for autopsy. After receipt of post mortem report, he added section 376 of the Indian Penal Code. On 13-9-1992, he prepared the spot panchnama. On the pointing out of Puna Patil, from the place of the incident, he recovered a red colour slipper and a small container. The said recovery was made under a panchnama, Exhibit 18. That day, Sheelabai Patil, P. W. 2, aunt of the appellant, produced the petticoat of the deceased, which he seized under a panchnama, Exhibit 16. On 14-9-1992, one Onkar Patil produced a rag of cotton cloth, which was found around the neck of the corpse of the deceased. He seized it under a panchnama, Exhibit 25. A. P. I. Bharate sought the services of dog squad, which came on the evening of 14-9-1992. The cotton rag produced by Onkar Patil was given to the dog to smell and it led to the place of the incident and to the house Babadibai, the mother of the appellant. A detained panchnama, Exhibit 53 was prepared. He was convinced that it was the appellant, who had murdered the deceased and consequently, he started searching him. He arrested him on 15-9-1992 and on the same date, in the presence of public panch, Dilip Patil, P. W. 9, he seized the clothes which were on the person of the appellant, namely, a pant, a shirt and an underpant, under a panchnama, Exhibit 29. At the time of arrest of the appellant, he noticed injuries on his person. He, therefore, sent him for medical examination.