DEEPAK PANDURANG BAHEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Deepak s/o. Pandurang Bahekar was tried for the offences u/ss. 376 and 302 of the Indian Penal Code for committing rape and then murder of victim Ratna. The learned Additional Sessions Judge, Bhandara in Sessions trial no.123 of 1997, by his judgment and order dtd. 15th December, 1998, convicted the appellant for the offences u/ss. 376 and 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for one year and to suffer life imprisonment and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for one year respectively. This judgment of conviction and sentence in under challenge in this appeal.

(2.) THE incident, which gave rise to this prosecution against the appellant, took place on2.9.1997 in between 10. 00 A. M. to 6. 00 P. M. within the limits of village Pardi which comes under the Police Station, Lakhandur, Distt.- Bhandara. THE victim of sexual assault and murder was one Ratnabai, aged about20 years and she was daughter of Kawalu s/o. Maroti Hukare and Kamaljabai w/o. Kawalu Hukare and sister of Waman Hukare (P. W.1 ). On the day of incident, in the morning, she left the house and had gone to the field for collecting grass. But, she did not return home on that day. That day happened to be a festival day commonly known as "tanha Pola" festival. As Ratna did not return, her brother Waman and her parents, on the next day, went towards their field to search her. In that effort to search her, her brother Waman saw Ratnabai lying dead in their field. He, therefore, went to the police station and lodged report (Exh. 13 ).

(3.) IN the rural hospital, Dr. Pramod Apture (P. W.11) conducted autopsy on the dead body of Ratnabai and prepared post mortem notes (Exh. 39 ). IN his report in column no.17, he has noted the external injuries found on the body. Those external injuries are in the nature of abrasion and the Medical Officer has opined that the injuries were ante mortem in nature. He has also stated in his evidence that the injuries nos. 4, 5, 6 and 7 are corresponding to the cause of death while injuries nos. 1, 2 and 3 are corresponding to the incident of rape. He also noticed that there was slight blood discharge from vagina, volva oedemottus, hymen ruptured and according to him, these findings were definitely indicative of forcible intercourse before death. So far as the cause of death is concerned, in the opinion of the Medical Officer, the cause of death was asphyxia due to smothering.