BALU SAMBHAJI SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN both these appeals, judgement and order dated 9-4-1997 passed by the Additional Sessions Judge, Baramati, in Sessions Case No. 49 of 1994 is under challenge. Criminal Appeal No. 312 of 1997 is filed by appellant-Balu Sambhaji Shinde, who is original accused No. 2 and Criminal Appeal No. 485 of 1997 is filed by appellant-Dasu Baba Shinde, who is original accused No. 1. Since both these appeals arise out of the same facts, it is convenient to dispose them of by a common judgment. Hence this common judgment. For the sake of convenience, the appellants are referred to, in this judgment, as per their status in the trial Court.

(2.) BRIEFLY stated, the prosecution story is that accused Nos. 1 and 2 are residents of Kaprewadi, Taluka Karjat, District Ahmednagar. They are cousins. Accused No. 1 was married to deceased-Asha, daughter of P. W. 1 Vimal Kale of Nimbgaon-Daku, Taluka Karjat. The marriage had taken place just 15 to 20 days prior to the incident in question. Village Kaprewadi is about 16 to 17 miles from Nimbgaon-Daku.

(3.) ON 22-6-1994 P. W. 1 Vimal Kale had gone to Kaprewadi in the morning to meet her daughter Asha i. e. the deceased. The mother-in-law of the deceased told her that the deceased was missing from the previous day. Vimal therefore came to Karjat and from Karjat she went back to Nimbgaon-Daku and informed her husband about this. On 23-6-1994 she went to Karjat Police Station and lodged a missing report at 11. 40 a. m. being missing report No. 7/94. According to Vimal, at that time, both the accused had come to the Police Station. The police interrogated them in connection with the missing report and accused No. 1 told the police that on 21-6-1994 in the morning, he and accused No. 2 had taken the deceased to Pune at about 9. 30 a. m. They had taken her to Sarafs shop. They had sold her ornaments and then left her at Swargate, Pune and returned to Kaprewadi. Thereafter, police took both the accused and P. W. 2 Nanasaheb Bhosale in police jeep to Pune. The accused showed Sarafs shop at Pune to the police. Thereafter the police searched the deceased at Swargate Bus Stand, but the deceased was not found. The police made efforts to trace the deceased at Ambernath at her uncles house, but did not succeed. On 24-6-1994 the accused were again called to the Police Station. Accused No. 1 was asked about the whereabouts of his wife. In the presence of panchas, accused No. 1 told the police that he and accused No. 2 had killed Asha at Kurkhumb and he was prepared to show the place. Accordingly, he led police and panchas to Kurkhumb on Pune Solapur Road. He showed them the dead body of the deceased lying beneath bridge NQ 75/1 at the southern side of Kurkhumb village. The spot panchanama came to be recorded and articles found at the said place came to be attached.