RAGHUNATH BABAN GHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants-accused both of P. Ws. 1. were minors at the time when the incident had taken place. The prosecution case in brief is as follows that the complainant, Pratap Govind Pandit is residing at Uttamnagar, Taluka-Haveli, District Pune along with his wife Baby and his son, Vijay. He is doing the business of selling ice-cream near Shivaji-Putala at Kothrud, Pune. Vijay, who was taking education in 7th Standard at the relevant time was having holiday on 7th September, 1989, i. e. the date of the incident as it was a Ganpati Visarjan day. On that day the complainant had gone to Kothrud for selling ice-cream. His wife and sister had gone to meet him at about 12 mid-night to make enquiries whether Vijay had come to him as he was not in the house since 3. 30 p. m. Pratap Pandit told P. Ws. 1. that he had not come and all of P. Ws. 1. , therefore, returned to the house and tried to search out Vijay. As the deceased Vijay could not be found a missing report was lodged at Uttamnagar Police Chowki on the next day.

(2.) INSPITE of the best efforts made by the parents and relatives of Vijay he could not be found but it was noticed by the complainant that another person by name Shridhar Swami, who used to move with Vijay freely in the locality, is also not found at Uttamnagar. Accordingly, they made enquiries regarding the absence of Shridhar Swami with Laxman Swami with whom Shridhar Swami was staying. Laxman Swami on enquiry told P. Ws. 1. that Shridhar Swami had gone to native place, Naichapur, Taluka Umarga, Dist, Osmanabad. The complainant Pratap Pandit thought that probably Shridhar Swami might have taken Vijay with him to Naichapur. On 22nd September, 1989 he along with his wife Baby, and Laxman Swami, went to Naichapur. There they met Shridhar Swami but he did not give any information. They, therefore, lodged another missing report on the same date by entertaining suspicision for loss of Vijay against Shridhar Swami himself. P. Ws. 5, A. S. I. Ghante called Shridhar Swami and it is alleged that at that time Shridhar Swami gave him the details regarding the incident. Thereafter Shridhar Swami was brought to Deccan Gymkhana Police Station by Ghante along with complainant Pratap Pandit and his wife Baby. There the enquiries were made with Shridhar Swami when he disclosed the incident. Thereafter the investigation proceeded and even his skeleton was recovered. On the basis of the information given by Shridhar Swami, it seems that Pratap Pandit, father of the deceased Vijay, filed a complaint, Exhibit-24 on 24th September, 1989 involving the present two accused for committing the murder of Vijay in a field where the skeleton was found.

(3.) THE allegations in the complaint were that on the day of the incident accused No. 1 Raghunath Ghosale had intercourse with Shalan, P. Ws. 4 in a temple where accused No. 2 Rupesh kept a watch by standing in the front door of the temple. At that time Shridhar Swami as well as the deceased Vijay had seen that accused No. 1 was having intercourse with Shalan. Shalan noticed the same and out of fear told accused No. 1 that Vijay, who is residing in the same locality, is likely to spread the news of their affair in the village. Accused No. 1 told Shalan that she should not be afraid and he will take care of Vijay. Accordingly Vijay was taken beyond the river in the sugar- cane field. Shridhar Swami, who had heard the conversation between Shalan and accused No. 1 thought of some foul play at the hands of accused persons and hence he followed P. Ws. 1.- secretly even upto the sugarcane field. Shridhar Swami found that accused No. 1 felled down Vijay and pressed the neck by sitting on his chest, while accused No. 2 helped him by holding the legs of Vijay. Vijay tried to raise shouts. But he could not utter more than a couple of words and, thereafter, he died there in the field. Out of fear Shridhar Swami left Uttamnagar locality and went to his native place where after few days the complainant Pratap Pandit and his wife Baby followed him.