MANOHARSING RAGHUVIRSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHILE agreeing with the judgment delivered by my learned brother upholding the conviction of the appellant for the offence of murder of Chanda, with respect, I am unable to persuade myself to agree on the point of upholding the conviction of the appellant relating to the charge of murder of Vimalbai and Pankaj. Though it is not necessary to refer to all the evidence on record as elaborate reference to the same is to be found in the judgment delivered by my learned brother, it would be necessary to refer to the relevant points and the related materials on record to justify the acquittal of. the appellant in relation to charge of murder of vimalbai and Pankaj.

(2.) AT the outset, it would be worthwhile to take note of the charge against the appellant. The charge against the appellant is in relation to murder of three persons and act of disappearance of the evidence, relating to the offence alleged to have been committed by the appellant, by throwing the dead bodies of three persons into a well. The charge reads thus : that on 23-2-2002 at about 8. 00 to 9. 00 a. m. at village Chincholi, you committed murder by intentionally or knowingly caused the death of Vimal w/o Vasant Deshmukh by means of sharp weapon CHHANI (Chisel),. and thereby committed an offence punishable under section 302 of the indian Penal Code and within the cognizance of the Court of Sessions. Secondly, on the same date and place, subsequently thereafter, you commited murder by intentionally and knowingly causing the death of Chanda, daughter of Vasanta and deceased Vimal Deshmukh, aged about 13 years by means of sharp weapon CHHANI (Chisel), and thereby committed an offence punishable under section 302 of the I. P. C. and within the cognizance of the Court of Sessions. Thirdly, on the same date and place and subsequently after committing the murder of Ku. Chanda, you committed murder of Pankaj @ Sunny s/o. Vasanta and deceased Vimal Deshmukh, by throwing him into the well who died due to drowning and you have thereby committed an offence punishable under section 302 of the Indian Penal Code and within the cognizance of the Court of Sessions. Lastly, on the same date and place, knowing that the offences of murder are punishable with death or life imprisonment have been committed, you caused certain evidence connected with the said offences to disappear by throwing the dead bodies of the deceased Sau. Vimal and Ku. Chanda into the well with intention to screen from legal punishment and thereby committed an offence punishable under section 201 of the Indian Penal Code and within the cognizance of the Court of Sessions.

(3.) THEREFORE, the case which the appellant was required to meet was that he had assaulted Vimalbai and Chanda with a sharp weapon Chhani (Chisel)resulting in their death whereas Pankaj was drowned and caused to death by throwing him into the well. Further, after causing death of Vimalbai and chanda, the appellant had caused to disappear evidence of the offence of their murder by the appellant, by throwing the dead bodies of Vimalbai and chanda into the well.