VASANT VISHWANATH GURUV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this Criminal Appeal challenging the judgment and order of conviction dated 26th September, 2008 passed by the Additional Sessions Judge at Solapur in Sessions Case No.142 of 2007. By the impugned judgment and order all the four appellants/accused were convicted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and were sentenced to suffer imprisonment for life and to pay fine of Rs.500/ each, in default to suffer RI for six months each. All the four appellants/accused were acquitted of the offence punishable under Section 201 of IPC. Apparently since the date of arrest i.e. since 13.2.2007 all the appellants/accused are in custody till date.

(2.) The case of the prosecution in nutshell is as under :

(3.) According to the case of prosecution the actual incident of finding the dead body of Dhanaji, admittedly at the house of all the accused persons, occurred on the night between 11th March, 2007 and 12th March, 2007. In fact, the dead body was found in the house of the appellants/accused at the early hours of 12th March, 2007. On the earlier night, Dhanaji had left the house for some work as to delivery of tiffinbox to the truck driver. One Lakhan, the younger son of Dhanaji was sent along with him by Sunita, wife of Dhanaji. This was in order to ascertain whether Dhanaji was really doing the work or going somewhere else. After some time, Dhanaji and Lakhan returned back to their home. Dhanaji removed his shirt and kept at the house and again left the house saying that he will return back after sometime. That time, Lakhan informed his mother Sunita that he had noticed Chayabai (appellant No.4) proceeding to answer the natures call and she had a talk with Dhanaji on the way when Dhanaji and Lakhan were proceeding to deliver tiffin box. Knowing this information from Lakhan, Sunita reacted that it was the usual behaviour of her husband Dhanaji and there was nothing more to do and to keep quiet. Thereafter ignoring the same incident of her husband leaving the home on that late night going away without any specific intimation, Sunita slept at her house along with her children.