STATE OF MAHARASHTRA Vs. ANNASAHEB ALIAS MACCHINDRA

JUDGEMENT

(1.) We have heard Additional Public Prosecutor Mr. S.D.Kaldate for the applicant.

(2.) The applicant / State, through Public Prosecutor has filed present criminal appeal under Section 378 ( i ) ( 3 ) of Criminal Procedure Code seeking quashment of judgment and order of acquittal recorded by Learned Additional Sessions Judge, Sangamner, district Ahmednagar, in Sessions Case No.32 of 2007, dated 29 th of July 2011 consequently acquitting the respondent ( hereinafter referred to as accused -status of the respondent in Sessions Case). It is also prayed that after quashing and setting aside acquittal, respondent may be held guilty for the offences for which he was charged and be punished accordingly.

(3.) Crime No.58 of 2005, registered at Akole police station, was handed over to then Deputy Superintendent of Police Shri. Sanjay Patil, for investigation. In that crime, initially accused and his wife were arrested. According to prosecution, accused, while in police custody, in Crime No.58 of 2005, made a disclosure statement, that dead body of Shashikala, his sister, 07 to 08 years before his arrest, was buried at the bank of Pravara river, within the limits of village Sugaon and he will show the said place of spot. Accordingly memorandum statement of the accused was recorded in presence of two panch witnesses. Accused allegedly lead with the panch witnesses and investigating officer pointed out the spot, within the limits of Sugaon village. It was excavated. Some human bones, alongwith skull, one saree, one blouse, one scarf, one Tulshimal were found on the spot. These articles were seized under memorandum panchanama. The human bones and skull found at the instance of accused were forwarded to Medical Officer for examination. The Medical Officer opined that those bones were the human bones. Report was received by the investigating officer P.W.11 Mr.Sanjay Patil. Thereafter, again those bones were referred to Director of Forensic Science Laboratory, Kalina, Santacruz, Mumbai. Report was received from the said authority. After finding human bones, next day, father of the accused had lodged a complaint with police. It was alleged by the complainant, father of the accused that deceased Shashikala had married to Chandrabhan Gorde and cohabited with her husband for 12 to 13 years. Shashikala, thereafter, was residing separately at Panasarwadi. She delivered a female child. Shashikala was working as Anganwadi Sevika so also doing the labour work in the village. The accused, brother of Shashikala was on visiting terms with Shashikala. Shashikala when came at village Panasarwadi had already being divorced by her husband. According to prosecution, Shashikala had received some amount from her husband. The accused was instrumental for divorce. Deceased Shashikala was wearing Tulshimal and 6 metres sari (Sahavari sari ). It is also alleged by the prosecution that in the year 1988, deceased Shashikala had visited the complainant, who was residing at village Kuran Taluka Sangamner. It was a land of one Mr.Satpute. Accused was demanding money from Shashikala for purchasing a tractor, which she had received at the time of her divorce from her husband. On refusal by Shashikala, accused was enraged. Accused was addicted to bad vices. Accused previously had assaulted the complainant and wife of the complainant. Due to fear of accused, complainant- his father had left the native place prior to 20 years and was residing at village Kuran. The complainant had advised daughter Shashikala that she should not give money to accused. It is also alleged by the complainant that accused had requested the complainant that complainant should persuade Shashikala for giving money to the accused. The complainant was threatened by the accused with dire consequences. The complainant claims that on the day of Rakshabandhan, the accused visited the complainant at Kuran and told that Shashikala eloped with one person and accused is not responsible for the same. The complainant had been in search of Shashikala, however, she could not found, and therefore he went to police and lodged a report on 3 rd August, 1998. Based on the said report crime no.58 of 2005 was registered at Akole police station. The complainant, on 12 th of June, 2005, learnt from some persons as the news item flashed in the newspaper that accused had pointed out the place to the police, on the bank of Pravara river, in the limits of village Sugaon and on excavating, skeleton of deceased Shashikala was found and human bones and clothes were discovered at the instance of accused. Bangles and Tulshimal were identified by the complainant, as belonging to deceased Shashikala.