PRAMOD BABAN SONAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374 of Cr.P.C., is directed against the order of conviction and sentence passed in Sessions Case No.254 of 2000, on 31st July 2002 by the learned Additional Sessions Judge (the learned Assistant Sessions Judge came to be appointed as Addl. Sessions Judge as per the High Court notification dated 4th February, 2002). The appellantaccused has been convicted for the offence punishable under Section 302 and sentenced to suffer R.I. for life and to pay fine of Rs.1,000/-. It appears that the accused-appellant was not on bail during the trial and on admission of this appeal he was released on bail as per order dated 4th August, 2003. As the appeal was dismissed for default pursuant to the conditional order dated 8th September, 2009, he came to be arrested so as to undergo the life sentence. Criminal Application No.698 of 2009 was allowed and the appeal came to be restored. The appellant remained in custody on account of dismissal of the appeal for default.

(2.) As per the prosecution case, Nivrutti Bhiva Sonawale is the original resident of village Wing in Taluka Karad in Satara district. He begot four sons by name Baban, Namdeo, Simesh and Vinod. Baban and his wife Laxmi with two sons and two daughters (Pramod, Yeshwant, Kalpana and Acharna) resided separately at Nalasopara, Mumbai. Baban is alleged to be addicted to liquor. Nivrutti came to Mumbai in May, 1961 and started working with Voltas. He retired in 1992 and received more than one and half lakhs by way of retirement benefits, but he did not return to the village and started residing with Baban and his family. That his wife Gayabai younger son was also residing at village Wing and he was engaged in painting work. As per Vinod his father Nivrutti was involved with Laxmi, wife of Baban and mother of Pramod, in an illicit relationship.

(3.) On 27th November, 1999 Vinod went to village Wing to attend some function in his maternal uncle's house. He did not return to Mumbai till 27th December, 1999 and in stead he stayed along with his uncle and grand mother Gayabai. On 1st January, 2000 in the afternoon hours Pramod was playing cards along with Anna Kale and Tatya Kale and other boys. At that time uncle Vinod arrived at the scene and started scolding Pramod on account of filling in drinking water. In the night he did not take his meal and went to Laxmi temple.. Raju Kale, Sharad Sonawane also reached the temple to sleep there. Vinod also reached the temple to sleep there. There was some altercation between Vinod and Pramod and Vinod caught hold of Pramod s shirt and insulted him by saying that his mother Laxmi was sleeping with Nivrutti. Pramod tried to rescue himself and in that his shirt got torn. All four of them slept in the temple. Past midnight Pramod saw that the other three were asleep. He went outside the temple, lifted a big stone, came inside and dropped the stone on the head of Vinod. The two boys who were sleeping by the side of Vinod got up and ran away. After this incident Pramod went to the house of Sudhir Sonawane and borrowed his shirt. He went to Karad by foot and reached the Karad City Police Station where Ananda Ishwara Sawant, Police Station Officer was on duty. He narrated to him the incident, but Ananda Sawant realised that the incident had taken place in the jurisdiction of Karad Taluka Police Station and, therefore, Ashok Ramchandra Phadtare, A.S.I., deputed Police Constable Shri More to Karad Police Station to pick up the accused. Police Constable Shri More produced the accused before Shri Ashok Ramchandra Phadtare, A.S.I., and his statement was recorded, on the basis of which C.R. No.1 of 2002 came to be registered for the offence punishable under Section 302 of I.P.C.