SOPAN PUNJARAM MULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 17-8-1995 passed by Additional Sessions Judge, Jalna in Sessions Case No. 92/93 whereby he has been convicted and sentenced in the manner stated hereinafter :

(2.) SHORTLY stated, the prosecution case runs as under : the deceased Narayan was son of Yashodabai w/o. Sheshrao Mule, P. W. 2 and the husband of Gangasagar Narayan Mule, P. W. 7. The marriage between the deceased and Gangasagar Mule took place about 15 days prior to the incident. At the time of the incident, the deceased Narayan alongwith Yashodabai Mule and Gangaram Mule was living in village Bachegaon, District Jalna. The appellant and the acquitted accused were living also in the said village. Since there were illicit relations between the deceased Narayan and acquitted accused Mirabai. Appellant Sopan-husband of Mirabai nursed ill will against the deceased. In this background, it is stated that on the night of 26-2-1992 at about 7 p. m. , the appellant Sopan came to the house of Yashodabai. Thereafter, he and the deceased Narayan had food. Thereafter, the appellant told Yashodabai and her husband Sheshrao who died prior to the recording of the evidence that he and Narayan would sleep in the field of Narayan. Since Narayan had been recently married Yashodabai resisted but on the insistence of the appellant relented.

(3.) THE evidence shows that missing report given by Sheshrao was sent to ASI Sk. Janimiya, P. W. 1, who was working at Tirthpuri Outpost. In the course of inquiry, ASI Janimiya visited village Bachegaon and recorded statements of the parents of Narayan and his neighbours. From inquiry made by him, it transpired that on the night of 26-2-1992 appellant Sopan had been to the house of Narayan and alongwith Narayan had slept in the field of Narayan and since then Narayan was missing. It also transpired during the inquiry that there were illicit relations between Narayan and Mirabai, the wife of appellant Sopan. On account of evidence furnished during inquiry, on 27-4-1992 he lodged a complaint in Gondi Police Station for an offence under sections 364 and 365 of the India Penal Code. On the basis of said Complaint C. R. No. I 83/92 was registered. The papers pertaining to C. R. were received by P. S. I. Krishna Bankar, P. W. 13, for investigation. On 28-4-1992 he recorded statements of 11 witnesses including Yeshodabai, Narayan Mule and others. In the month of May 1992 he was transferred to another Police Station and the papers were handed over to P. S. I. Vyawahare. On 13-7-1992, the Superintendent of Police, Jalna gave papers of the C. R. to Circle Police Inspector of Ambad, Prabhakar Joshi, P. W. 12. On 17-7-1992, Prabhakar Joshi visited Bachegaon, Khapardev Hivra, Tirthpuri and searched for Narayan. On 18-7-1992, he also visited Bachegaon and recorded statement of Gangasagar Mule, P. W. 7 and also interrogated Nivrutti, the appellant and acquitted accused Dnyandeo and Sakharam. On 7-8-1992, appellant was arrested by Gondi Police Station in C. R. No. 167/92 under section 452 read with 34 of the Indian Penal Code. During the course of his interrogation by Prabhakar Joshi, he admitted that he had committed murder of Narayan and expressed willingness to show the place where he had burried the dead body of Narayan. Thereafter, Prabhakar Joshi called Tahsildar Kashinath Ture, P. W. 11 and two public panchas, out of whom, one Raju Pathak, has been examined as P. W. 4. In the presence of Kashinath Ture and public panchas the appellant expressed his willingness to produce the dead body and the said willingness was recorded in a panchanama Exhibit 52. Thereafter, the appellant alongwith Kashinath Ture, P. W. 11, Prabhakar Joshi, P. W. 12, public panch Raju Pathak, P. W. 4, another public panch Ram Bhosale (not examined) and some police personnel proceeded to his house in a jeep. On entering the house, he took them to the room covered by tin sheets and thereafter with a spade, he started digging and after digging for 3? ft. took out a body covered in chaddar. Pant and shirt was found on the dead body. Sheshrao, father of the deceased, was called and he identified the dead body to be of his son Narayan. The said recovery was made under panchanama Exhibit 53. Thereafter, the appellant led them to the place of the incident. He showed the same to them. Prabhakar Joshi prepared the spot panchanama. On 1-1-1993, the investigation was handed over to Jijaba Dhondiba Gat, P. W. 14, who sent bones of the deceased Narayan to the Department of Anatomy in Government Hospital, Aurangabad for examination. On 26-3-1993, after completing the investigation, Jijaba Gat filed charge-sheet against appellant and acquitted accused persons. We may mention that we have refrained from adverting to some other details pertaining to investigation because they relate to acquitted accused persons and in our judgment a reference to them is not necessary for the decision of this appeal.