KAMALAKAR RAMDAS DUSANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal is preferred by the original accused Kamalakar against the order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon, in Sessions Case No. 102 of 1995 dated-5.11.1996, whereby the accused has been convicted and sentenced for offence punishable under Sections 120b, 302 r/w 34 of Indian Penal Code to undergo R. I. for life and to pay a fine of Rs. 1000/- in default to undergo further R. I. for six months.

(2.) THIS is unique case in which the appellant, who has been granted pardon in crime no.53 of 1993 of Zilla Peth police station, Jalgaon, on condition of his making full and true disclosure of whole circumstances relating to the offence, made disclosure of such facts but subsequently resiled from the said statement and consequently failed to comply with the condition on which pardon was granted and as such came to be prosecuted and tried as per provisions of Section308 of Criminal Procedure Code. The prosecution case, in brief, is as under. The murdered man was one Vijaysingh Patil, aged about59 years, who retired as Deputy Superintendent of Police from the service of State Government in the year 1992. After his retirement, deceased Vijaysingh was residing at Jalgaon in his bungalow named as Ghazal Bungalow. The said bungalow is quite spacious and there is one quarter in the premises of the said bungalow which is meant for watchman. Accused Kamalakar was working as Watchman. He was living along with his wife, small child and his mother in the said out house. Accused Mangalabai was the second wife of deceased Vijaysingh Patil. She had married to the deceased Vijaysingh in the year 1984 and since then she was cohabiting with him. Deceased Vijaysingh was having a son named Deepak and a daughter Alka from his first wife. His son and daughter are married and they are residing at Bombay. The incident occurred on the intervening night of 10th and 11th February, 1993 in the said bungalow. It is alleged that three months prior to the said incident, one Zoharabai was working as a maid servant in the said bungalow. Deceased Vijaysingh was addicted to liquor and under influence of liquor he used to illtreat Mangalabai and as such Mangalabai was not putting well with deceased Vijaysingh. On many occasions accused Mangalabai left the bungalow for her parents house at Bombay on account of differences between her and her husband. She was suspecting that her husband Vijaysingh was indulging in extra marital activities with some females and lastly with Zoharabai, who was working as a maid servant in the said bungalow. With a view to redress her grievance, Mangalabai approached Madhukar Patil the brother of deceased Vijaysingh in the month of September, 1992, requesting him to intervene in the matter and to keep her husband away from the vices, however, Madhukar Patil did not pay any heed to the request of Mangalabai. Deceased Vijaysingh had continued to indulge in the said activities. Therefore, Mangalabai left for Bombay at her maternal house. During her stay at Bombay, she used to receive phone message from deceased Vijaysingh disclosing that he had improved himself and, therefore, she should come to Ghazal bungalow to live with him. Relying on the assurance given to deceased Vijaysingh, Mangalabai came to Jalgaon to live with her husband. She came to know that Zoharabai left the Ghazal bungalow on the day on which she came there and her husband Vijaysingh had illicit relations with Zoharabai and she had also noticed that her husband had not given up the habit of drinking liquor. On 2.2.1993 quarrel took place between Mangalabai and her husband. Accused Kamalakar noticed that deceased Vijaysingh was driving Mangalabai out of the house. It is alleged that the deceased Vijaysingh wanted to marry with Zoharabai and he had given threats to Mangalabai that he would transfer his all property in the name of Zoharabai. Mangalabai thought that if deceased Vijaysingh transfers his property in the name of Zoharabai, she would be deprived of getting the property and, therefore, she made a plan to commit murder of her husband and she took assistance of accused Kamalakar Dusane. It is alleged that Mangalabai had promised to spend quite huge amount for the said purpose for engaging services of hired murderers for killing her husband Vijaysingh. She had given temptation to accused Kamalakar that she will pay Rs. 20,000/- in cash to him and transfer the quarter meant for watchman in his name. Kamalakar told her that his two friends who are residents of Itarsi would be in a position to carry out this task. Accordingly, Kamalakar Dusane went to Itarsi (M. P.) on3.2.1993 and brought his two friends accused no.1 Banti @ Sadashiv and accused no.3 Rakeshsingh @ Minti to Jalgaon on8.2.1993 and when they all got down from train at Jalgaon Railway Station, accused Kamalakar informed Mangalabai on phone that he had brought his two friends to Jalgaon and asked her at what time he should bring them to her. She replied that on that day the friends of deceased Vijaysingh were likely to come in the bungalow and, therefore, he should bring his friends on next day. Therefore, accused Kamalakar went to village Nandra where his married sister was living and stayed there along with his two friends during the night time. Jagannath (pw 3) is the husband of sister of accused Kamalakar. On the next day i. e. on9.2.1993 accused Kamalakar had brought Banti and Minti at Ghazal bungalow at Jalgaon and they all met with Mangalabai. Mangalabai had a talk with both these persons about the task that was to be carried out to finish Vijaysingh. The consideration for committing murder was fixed at Rs. 40,000/ -. Thereafter Banti and Minti were directed to stay in the lodge at Jalgaon till they receive further instructions. Necessary accommodation was secured for Banti and Minti on9.2.1993 at Prakash Guest House which is situated near the Railway Station.

(3.) IN the mean while, Shri. Khan recorded the statements of Vijaya the wife and Radhabai the mother of accused Kamalakar. During the investigation, it was transpired to Shri. Khan that accused Mangalabai is connected with the crime in question, so she was arrested at about2. 30 p. m. He recorded statements of some other persons, namely, Zoharabai, Madhukar Patil, Kishor Narkhede, Dashrath Patil. However, he noticed that accused Kamalakar Dusane who was working as watchman was absconding. He was arrested on14.2.1993.