STATE OF MAHARASHTRA Vs. ISHWAR SAMBHAJI BADAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25-1-1988 rendered by the Additional Sessions Judge Pune in Sessions Caseno. 112/87 , acquitting the accused of the offences punishable under Sections 302, 457 and 20l read with 34 of the Indian Penal Code (for short, "i. P. C. " ). One Bharat Babar was also charged along with the respondent-accused for the alleged offences. However, since bharat Babar was minor the order to split up the charge-sheet was passed and his case was sent to Juvenile Court, Baramati. The respondent and Bharat alleged to have killed one Sitabai with an intention to commit robbery in the intervening night of 27-101986 and 28-10-1986.

(2.) THE prosecution case stated briefly is that, Sitabai was staying with her husband and minor son in their house situate at sarafwadl. They had one cattle shed and it ; was about one furlong away from their house. Sitabais husband and son used to spent their night in the said cattle shed. On 27-10-1986 a brother of Sitabai had come to her house. On the very day at 7. 00 p. m. , when they all were having dinner in their house, it is alleged that the accused had gone there and requested Sitabai tocome out for a while. Sitabai, accordingly wept out and came back within short time. After coming back, she informed her husband and son that she would come back soon and again went out of the house. Her husband, son and brother after having their dinner went to cattle shed to sleep in the night. In the same night at midnight there was a commotion at the house of Sitabai. Bayadabai, who was living adjacent to Sitabais house, got up and noticed that the door of Sitabais house was open and the house was ransacked by somebody. Bayadabai claims that she saw two persons coming out of the house of Sitabai. One Gopal Pol also got up and noticed that the house of Sitabai was broke open and ransacked. They did not find sitabai in the house. Gopal, therefore, informed the alleged incident to her husband, who was sleeping in the cattle shed. The husband of Sitabai rushed back to the house along with his son and brother of Sitabai and found that Sitabai was not available in the house. The articles in the house were seen scattered. They searched Sitabai, but their all efforts were in vain. Hence, the msising report was lodged by the brother of sitabai on 28-10-1986. The dead body of sitabai was found floating in the well of hiralal Vora on 3-11-1986. The police on receipt of the information of finding of the dead body of Sitabai registered the offence under Sections 302 and 457, I. P. C. During investigation it transpired that the accused along with one Bharat Babar, a juvenile offender, committed murder of Sitabai with a intention to rob her. On completion of the investigation, the charge-sheet was filed and the respondent-accused was tried for the offences under Sections 302 and 457, I. P. C.

(3.) THE prosecution in its endeavour to bring home the guilt of accused examined ten witnesses mainly consisting of the son of Sitabai Bhalu Bhise (P. W. 4) and Dr. Ashok Gadave (P. W. 9), who performed autopsy on the dead body of Sitabai. The accused pleaded not guilty and claimed to be tried. The defence propounded by him was of total denial. He denied to have any connection with the murder of Sitabai. According to him, he has been falsely implicated on suspicion by the police.