ASHOK DHONDIRAM DHAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted of the offence punishable under section 302 and 201 of Indian Penal Code and is sentenced to suffer for life and fine of Rs.5000/-, in default, simple imprisonment for six months passed by the learned Sessions Judge, Raigad-Alibag vide judgment and order dated 8th June 2018 in Sessions Case No. 96 of 2015. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) PW.1-Deepali Shinde has deposed before the Court the incident from 12th February 2015, she had disclosed about the facts divulged to her by Sachin Sawant and identification of the dead bodies and the articles seized at the behest of the accused. She has proved the missing complaint which is at Exhibit-16, filing of the F.I.R., which is at Exhibit-18. She has deposed in consonance with the F.I.R. (which are narrated in the facts of the case). She has admitted in her crossexamination that on 16th April 2015, she had not disclosed about the missing of her sisters to the police as she had spoken to her sister Manisha, her cousin Sachin and other relatives after her mother went missing. According to her, Sachin had divulged to her about the love affair between Manisha and the accused only when she visited Maldev. Her mother had never informed her that Manisha had a love affair with the accused. Subsequent to the quarreling with the villagers the accused was driven out of the village. She has also admitted that her second visit to the Pen Police Station was on 19th April 2015 and on that day she had not received any information from the police at least till 1.00 p.m.