SUBHASH GANGADHAR SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal from jail takes exception to the conviction and sentence recorded against the appellant for his allegedly committing an offence punishable under section 302 of the Indian Penal Code.

(2.) THE Complainant P. W. 1 Durga is a brothel-keeper at Shukrawar and Budhwar Peth, Pune and was carrying on her business with the aid of girls named Begum, two Madhavis, Sundra and Chandra. These girls were living in the premises and each had a small cubicle or room to herself. Sundra and P. W. 4 Madhavi were in love with the appellant and P. W. 6 Jagdish respectively. The appellant and Jugdish were almost daily visitors to their mistresses. Appellant resented the profession which Sundra was following and had spoken to her on several occasions so as to persuade Sundra to give up the said profession. Appellant was a native of Village Rallatgaon in Taluka Paithan, District Aurangabad and had come to Pune to eke a precarious living. He was working as a hotel hand and was certainly not earning so much as to sent up home with Sundra and live with the girl a decent life. It was this disability of the appellant which forced her to continue to be in the infamous trade that she was carrying on. On 10. 9. 1989, appellant and Sundra had gone out. At about 5. 00 p. m. the two of them returned, People who saw them returning included Durga, Madhavi and Asha. The two went into the cubicle of Sundra, the door of which was chained from inside. After some time Sundra came out and joined the other inmates of the brothel in the evening meal. The meal over. Sundra went back to her cubicle where appellant was stationed. Some time, thereafter, Sundra came out with injuries on her person which injuries were bleeding profusely. She was followed by the appellant who had a dagger-like weapon in his hand. The wounded Sundra fell to the ground and the appellant fled. The frightened brothel-keeper and Jagdish removed Sundra to the hospital. This was done by Jagdish who brought Sundra to the Sassoon Hospital. Dr. Ughale received the patient who was described as an unknown female by Jagdish. Jagdish also gave out that the female had been assaulted by some unknown to him. Very soon, Sundra passed away. Durga contacted the Shukrawar Police Outpost and lodged her report which is at Ext. 13. Treating Ext. 13 as an F. I. R. the Assistant Commissioner of Police P. W. 10 Tarwade began an investigation. In the course of this investigation, Tarwade drew up the inquest Panchanama which is at Ext. 15 and recorded the statements of various persons. The appellant had disappeared and word was sent to the Paithan Police to be on the look out for him as it was very likely that he would take refuge at his native place. The Paithall Police made an entry in the station diary of the message received by them and P. S. I. Ghule found the appellant in his own house at Village Rahatogaon, Taluka Paithan. Appellant was arrested on 12. 9. 1989 under Ext. 33. In due course, he was despatched to the Farazkhana Police Station at Pune within whose limits the crime had been committed. On 16. 9. 1989, the appellant gave out that he had concealed a knife at a certain place and that he would produce the same. His statement was recorded at Ext. 17 and the Knife attached under Ext. 18. The knife was found to be stained with blood on the blade and handle by the Regional Forensic Science Laboratory. The blood was human but the grouping thereof was inconclusive. The C. E. S report to that effect is at Ext. 40. In the meantime, Sundras corpse had been subjected to a post-mortem examination by Dr. Bade and his notes arc at Ext. 29. The investigation completed, a charge-sheet was up against the appellant.

(3.) AFTER the usual committal, the appellant found himself before an Additional Sessions Judge, Pune charged with the commission of an offence punishable under section 302 of the Indian Penal Code. He pleaded not guilty-his defence being that he had been falsely implicated.