SADASHIV BAJRANG SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused has been convicted by the learned Sessions Judge of Solapur for the offence punishable under section 302 of the Indian Penal Code in Sessions Case No. 42 of 1976. The charge against the accused was that he had on the night of 4th and 5th of October, 1975 committed the murder of one Bhagwat Rangnath Salgar on the outskirts of the village of Tembhurni of which the said Bhagwat was the residents. The accused himself belongs to a village called Bembale, which is said to be seven miles away from village Tembhurni.

(2.) The facts giving rise to the prosecution have been set out in great details in the judgment of the Court below and it is not necessary for us to refer to them again. It is sufficient to mention that both the accused and the deceased were at some time working in the same company called the Hindustan Construction Company and as a result of their employment they had moved from place to place. The last place where they had been posted was Kolkewadi in Ratnagari District. At that time the work in which they were engaged had come to and end and both of them were forced to return to their respective villages. It is alleged by the prosecution that both the accused and their wives were friendly with each other or at least on visiting terms with each other. It is suggested, but not proved convincingly, that some ill will developed between the deceased Bhagwat and the accused on account of some exchange of abuses on the basis of caste to which the accused belonged.

(3.) On 4th of October, 1975, according to the prosecution, the accused was seen in the village Tembhurni. It is alleged that on that day sometime in the evening Bhagwat left his house for having a cup of tea never to return again to his house. His wife Shakuntla lodged complaint to the police that her husband was missing and on the previous day the accused was seen in the village. Thereafter investigations were taken up and the accused was arrested on 5th of October, 1975. According to the prosecution, the accused led the police to the discovery of an instrument called Wakas, often used by carpenters, pursuant to a statement made under section 27 of the Indian Evidence Act. It was the case of the prosecution that the accused was last seen with Bhagwat on the night and he was seen running away from the place where the body of Bhagwat was found later. The blood found on the Wakas was of B group which was also the blood group of deceased Bhagwat. A satchel which was allegedly being carried by the accused on 4th of October, 1975 was seized from the shop of the brother of the accused. That satchel also disclosed the presence of human blood of B group. It is on these facts that the accused was put up for trial in the Sessions Case referred to above.