STATE MAHARASHTRA Vs. MUTTAPPA

JUDGEMENT

(1.) THE State being aggrieved by the acquittal of the accused/respondents for an offence punishable under section 302 read with 34 of the Indian Penal Code in sessions case No. 22/1996 by judgment of the district and Sessions judge dated 30. 8. 2000, has filed the present appeal.

(2.) THE facts, necessary for the decision of the appeal, are set out hereunder: PW. 30, P. 1. Aga was attached to vasco police station as police inspector and officer incharge in May, 1996. Police constable, Prakash Mandrekar PW. 17 was attached at that time to Baina out post. On 3/5/1996, during night time, when PW 30 P1 Aga was on bandobast duty, he received a wireless message from the duty officer at vasco police station informing him that a murder had taken place at Baina. On receiving the said information PW. 30 PT Aga rushed to the vasco police station were PW. 12 Digambar Naik, the duty officer informed him that one Sharma was stabbed to death at Baina. As PW. 30, PT Aga was about to leave vasco police station PW/29 Maruti Mukadam came to the police station accompanied by PW. 1, Mumtaj Sayed who was the widow of deceased Sharma. PW. 30 PT Aga then recorded the complaint of PW. 1, which is at Exhibit PW. 1/a. Immediately after recording the complaint, PW. 30, PT Aga visited the scene of offence where he saw the dead body of deceased Sharma lying in a shed in front of the shop of one lobo. The shed was a palm leaves extension of the shop. PW. 30 PT Aga noticed that one laterite stone was smeared with blood. As it was night time, PW. 30 PT Aga was unable to conduct the inquest and scene of offence panchanamas and so he posted guards at the scene of offence. PW. 30 PT Aga therefore, returned back to the vasco police station and sent two police teams to nab the accused. At about 5 a. m. accused No. 1 Muttappa and accused No. 2 Ashok were produced before him at vasco police station by PW. 12 Head constable Digambar Naik and PW. 25 police constable Sebby Fernandes. The said two accused were arrested at about 5. 30 p. m. accused No. 3 Devendra was produced before PW. 30 PT Aga by PW. 25 Police constable Sebby Fernandes. PW. 30 PT Aga executed the arrest panchanama in respect of the arrest of accused Nos. 1, 2 and 3 in the presence of panch witness, namely PW. 18 Anand Chari and PW. 27 Digamber Amonkar. The clothes of the accused also came to be seized and they are exhibit 15 (MO. 19) shirt and exhibit 16 (MO. 20) pant of accused No. 1. The clothes of accused No. 2 came to be seized and they are exhibit 17 (MO. 21) shirt, exhibit/18 (MO. 21) banyan and exhibit 19 (MO. 23) pant of accused No. 2. the clothes on the person of accused No. 3 also came to be seized and they are Exhibit 13 ( MO. 17) pant and Exhibit 14 (MO. 18) full sleeves shirt of accused No. 3. PW. 30 PT Aga then conducted the inquest panchanama on of the dead body in presence of PW. 4 Shaikh Ibrahim and another. The said panchanama is at exhibit 25. The dead body was referred to for post mortem examination to the Hospicio Hospital through PW. 24 Dharmesh Angle who was the P. S. I. attached to vasco police station. PW. 30 PT Aga then conducted the scene of offence panchanama in the presence of PW. 6 Lal Mand and another,. The scene of the offence panchanama is at exhibit 30. From the scene of offence, the blade of the knife (MO. 2), wooden handle of the knife (MO. 3), full sleeves white shirt (MO. 5), the brownish colour chappal of right foot (MO. 6), nylon button (MO. 8), laterite stone (MO. 9), coita without handle (MO. 11), a newspaper (MO. 12), a pair of black colour leather chappal (MO. 10) and G. J. pipe (MO. 12) came to be attached. PW. 30 P1 Aga also prepared the sketch of the scene of offence, which is at exhibit/ 75. The clothes of the deceased were produced by PW. 24, PSI Angle. The same were attached. Accused No. 2 had produced short pant of cream colour. On interrogation, accused No. 3 had disclosed that he would point out a danda which he had kept hidden. The disclosure was made in the presence of two panchas, PW. 20 Samarjeet Saroj and another. Accused No. 3 then led the police and the witnesses to Baina beach and to the right side of the shed of grocery shop pointed out the danda lying outside that shop. The danda is MO. 29 and was attached under the panchanama Exhibit 58, Accused No. 4 was produced by A. S. T. Kerkar PW. 28 and was arrested in the presence of PW. 10 Balkrishna and another. The clothes on the person of accused No. 4, namely shirt (MO. 30) and blue colour pant (MO. 31) were attached. Exhibit 49 is the panchanama. On 5. 5. 1996, all the accused were sent for blood groupings and nail clippings with PW. 24 PSI Angle. Vide Exhibit 40, the clothes which were seized, were sent for examination of the medical officer. After recording the statement of witnesses, PW. 30 P1 Aga filed the charge-sheet against the four accused on 20. 7. 1996.

(3.) THE learned district and sessions judge, south Goa at Margao vide Exhibit 6 framed charge against the accused for an offence punishable under section 302 read with 34 of the Indian Penal Code. The accused abjured their guilt and claimed to be tried. The prosecution, in support of its case, examined 30 witnesses. Incidentally, it may be stated that the examination-in-chief of PW. 1 remained incomplete as, thereafter, PW. 1 Mumtaz Sayad, i. e. the widow of the deceased, was not traceable.