MOHD.IQBAL ANSARI @ RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellants who are the accused have taken an exception to the Judgment and order dated 27th th August 2003 by which they were convicted for the offences punishable under Sections 302 r/w 34, 397, 201 r/w 34, 494 r/w 34 and 404 of the Indian Penal Code (hereinafter referred to as IPC).

(2.) One Surendra Bhosale, Police Constable (P.W.No.1) was a member of the Special Task Force from 14 th October 2001. He was allotted area from Sakinaka to MIDC Police station in Mumbai. P.W.No.1 along with another constable were on patrolling duty on 13th August 2001. At about 10.30 a.m, they came near Sai Plaza Bar and Restaurant at Andheri Ghatkopar Link Road, Sakinaka. At that time, they noticed one stainless steel tank which is normally used for storage of water. The tank was lying to the northern side of the road near the wall of Sainathwadi, Chakala. The said tank was covered with a cloth of maxi and the mouth of the tank was tied with white coloured small rope. As the said tank was lying unattended, P.W.No.1 enquired with the persons in the vicinity but nobody could give information. Hence, he untied the rope on the tank and removed the cloth. He found that there was a torso of female having head,neck, chest and abdomen. All four limbs and the portion below the abdomen was missing. There were several cut injuries on the face. There were some blood stained clothes in the said tank. He immediately informed the Control room. P.S.I. Madhukar Bhate (P.W.No.12) received wireless message at 10.40 a.m who was at the relevant time attached to Sakinaka police station. He along with A.P.I. Sanjay Neklikar (P.W.No.13) proceeded to the spot. P.W.No.1 showed the tank and torso of female dead body. Accordingly, P.W.No.12 recorded a complaint of P.W.No.1 and telephonically informed the police station to register the offence. Accordingly, C.R.No.508 of 2001 was registered and the number was informed to the P.W.No.1. Panchnama was drawn and the tank was attached and the part of the dead body recovered was sent for post mortem.

(3.) The tank was having a name of a person who was found in Chakala. Thereafter, the first appellant first accused was traced and he was arrested. He made voluntary statement to show the place (the dustbin lying by the side of the road) where the remaining parts of woman body were kept by him. He led the police party to the spot and a plastic bag containing foot and arms of the woman body was recovered from a dustbin. There was a chopper and a razor found in the same dustbin.