MANGALABAI VIJAYSINGH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are the two criminal appeals preferred by the original accused nos. 1 and 2 against the order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 120 of 1993 on14.2.1995. THESE two appellants along with one more accused namely Rakeshsingh @ Minty Tukmansing Bhadoriya, aged about20 years were tried before the Sessions Court for offence punishable under Section302 r/w Section120 B and in the alternative under Section302 r/w Section34 of the Indian Penal Code. Both the appellants along with Rakeshsingh were convicted for the offence punishable under Section302 r/w Section120 B of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer further R. I. for one year. In addition to the above imprisonment awarded to the appellant Mangalabai, she is also convicted for offence punishable under Section194, 210, 203 of the Indian Penal Code and she is cumulatively sentenced to suffer R. I. for five years and to pay a fine of Rs. 2000/- in default to suffer further R. I. for one year. All the sentences awarded to the appellant accused Mangalabai were directed to run concurrently.

(2.) 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. 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. Since the time of 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. Watchman namely Kamalakar Dusane (pw 1) was living along with his wife, small child and his mother in the said out house in the premises of the said bungalow. THE incident occurred on the intervening night of 10th and 11th February, 1993 in the said bungalow. Since three months prior to the said incident, one Zoharabai (pw 13) was working as a maid servant in the said bungalow. It is alleged that deceased Vijaysingh was addicted to liquor. THE accused 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 Vijaysing 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 (pw 10) 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 (pw 10) did not pay any heed to the request of accused 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 by deceased Vijaysingh, Mangalabai came to Jalgaon on2.2.1993 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. It is alleged that under the influence of liquor, deceased used to utter that he will leave his wife (accused no.1 Mangalabai) and will marry with Zoharabai and he will transfer his all the properties in the name of Zoharabai. Accused no.1 Mangalabai thought that if deceased Vijaysingh transfers his properties in the name of Zoharabai she will be deprived of getting any property of Vijaysingh and, therefore, it is alleged that she made a plan to cause murder of her husband and for that purpose she took the watchman Kamalakar Dusane (pw 1) in confidence and conspired to do away with deceased Vijaysingh Patil by causing his murder. It is alleged that accused 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 Kamalakar Dusane that she will pay Rs. 20,000/- in cash to him and transfer the quarter meant for watchman situated in the said premises of the bungalow 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 Banty @ Sadashiv and accused no.3 Rakeshsingh @ Minty to Jalgaon on8.2.1993 and took them to Nandra (Bk. ). THEn on9.2.1993 Kamalakar Dusane had brought the accused nos. 2 and 3 at Ghazal bungalow at Jalgaon. Mangalabai had a talk with accused nos. 2 and 3 about the task that was to be carried out by them to finish Vijaysingh. Consideration for committing murder was fixed at Rs. 40,000/ -. THEreafter accused nos. 2 and 3 were directed to stay in the lodge at Jalgaon till they receive further instructions from her. Necessary accommodation was secured for accused nos. 2 and 3 in the lodge on9.2.1993. In the evening of 10.2.1993, accused Mangalabai had given Pani Puri and Dahi Wada - the edible articles to deceased Vijaysingh. In the said food, one sedative tablet was mixed. THEreafter, liquor was offered to deceased and deceased went to sleep. THEreafter, accused Mangalabai called accused no.2 Banty and accused no.3 Minty through the watchman Kamalakar Dusane. Accordingly, on10.2.1993 at about11. 30 p. m. the accused nos. 2 and 3 were brought by Kamalakar Dusane to Ghazal bungalow. At that time amount of Rs. 10,000/- was paid to them towards part consideration and cash amount of Rs. 4000/- was given to Kamalakar Dusane and the balance was assured to be paid after the task was over. Accused no.2 Banty and accused no.3 Minty along with Kamalakar Dusane were sent to the bed room where deceased Vijaysingh was sleeping. THEreafter accused no.1 Mangalabai left the place and went to the out house where mother and wife of Kamalakar Dusane were sleeping and accused Mangalabai stayed in the out house. THEreafter within a short time she heard shouts of her husband. Mother and wife of Kamalakar had brought this fact to the notice of Mangalabai, but Mangalabai told them that her husband had habit of raising shouts as 'mangal Mangal' under influence of liquor. THEreafter at about 1. 00 a. m. Kamalakar Dusane came to the out house and met with accused no.1 Mangalabai and informed her that the task was over. THEreafter accused Mangalabai went to the bed room of deceased along with Kamalakar Dusane. At that time she had noticed the dead body of deceased Vijaysingh lying on the cot in a pool of blood. It is further alleged that at that time the accused Mangalabai in order to create a show that somebody had caused murder, arranged a tea poy and put three glasses, and liquor bottle on the said tea poy in the bed room of deceased. This arrangement was made to create an impression to believe that friends of deceased were sitting alongwith him and they caused murder of deceased. It is further alleged that thereafter accused Mangalabai and watchman Kamalakar Dusane came out from the bungalow and locked the bungalow. Kamalakar Dusane was asked to go away from the home and to come back after 3-4 days as by that time everything would be set right. Accused Banty and Minty also left the said bungalow. THEreafter early in the morning the accused Mangalabai came to the bungalow, opened the lock which was put on the rear door and thereafter she gave telephone ring to the police station informing that her husband was murdered in the bungalow. On the basis of the information given by her, the police station officer had taken entry in the station diary at about5. 55 a. m. Immediately Police Inspector Khan (pw 18) received telephone message from the P. S. O. and he rushed to the spot. Accused Mangalabai lodged oral report which was reduced into writing by Shri. Khan. In the report, she told the Police Inspector that on10.2.1993 after finishing meals her husband had been to his bed room for sleeping. THE front door of the bungalow used to be locked. She left the bungalow at12. 00 mid night by locking the rear side door of the bungalow and went to the out house and slept there for whole night and early in the morning when she came back to the bungalow, and opened the lock with the key and when she visited the bed room of the deceased, she found the dead body of deceased. On the basis of the report of Mangalabai, offence was registered at C. R. No. 53 of 1993 for an offence punishable under Section302 of the Indian Penal Code at Zilla Peth police station, Jalgaon. Shri. Khan took up the investigation.

(3.) DURING the course of investigation, accused Mangalabai made a statement that she wants to make confession. It is to be noted that Mangalabai is a graduate lady. She made application to the Police Inspector about her intention to make confession and as such on the basis of the said application, Police Inspector Khan produced her before the Chief Judicial Magistrate Shri. Harpale (pw 8) on the very day. The learned Chief Judicial Magistrate, after satisfying that Mangalabai wanted to make confession, cancelled her police custody and remanded her to the Magisterial custody and sent her to District Prison at Jalgaon. On the same day, he issued order to the effect that she be produced before the Special Judicial Magistrate, Bhusawal appointed for recording the confessional statement. Pursuant to the said direction, dated16.2.1993, accused Mangalabai was taken to the Special Judicial Magistrate Shri. Sarode (pw 7 ). After following due procedure as laid down in Chapter I of Criminal Manual issued by the High Court for the guidance of the officers recording the confessions, and after ascertaining that the accused wanted to make the statement voluntarily, the learned Magistrate had given 24 hours time to Mangalabai to think over in the matter and warned her about consequences of such confession and then direction was issued to the Jailor to produce her on the next day i. e. 17.2.1993 after expiry of 24 hours. Accordingly, on17.2.1993 accused Mangalabai was taken to Special Judicial Magistrate Shri. Sarode (pw 7) by two female police constables. On that day after following the same procedure as followed by him on the previous day and on ascertaining the willingness of Mangalabai to make statement, Shri. Sarode (pw 7) recorded the confessional statement of Mangalabai as per the provisions of Section164 of Criminal Procedure Code. The confessional statement recorded by the learned Special Judicial Magistrate was kept in sealed cover and it was forwarded to the Chief Judicial Magistrate.