PRATAP AKARAM CHOUGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 11.4.2005 of the 2nd Adhoc Additional Sessions Judge, Kolhapur thereby convicting the appellant for the offences punishable under sections 302, 363, 364, 365 r/w section 201 of the Indian Penal Code. The maximum sentence awarded to the accused is for life imprisonment.

(2.) The incident of murder of one Nandkumar Maruti Patil, who was a 14 year old boy at the time of incident, had taken place on the night of 18.3.2003 at village Majgaon, Taluka Panhala, District Kolhapur. It is the case of the prosecution that the appellant was having one sided love for PW18 Nita Patil, a distant cousin of deceased Nandkumar. He had written one love letter (exhibit 39) to her and the appellant used deceased Nandkumar as a carrier of that letter. However, Nita did not reply to that letter. So the appellant used to call deceased Nandkumar often to ask him as to why he is not bringing any reply from Nita. He used to harass him on this count. On 17.3.2003 in the evening, the appellant asked one boy i.e., PW9 Rahul Krishna Patil to call Nandu. Accordingly, PW9 Rahul went and called Nandkumar from his house to the shop of the appellant. The appellant asked him to do some work and then they started walking towards a narrow lane going towards the house of the appellant.

(3.) Police started in search of the appellant accused. On information, PW3 P.I. Mane from Gaganbavda police station had knowledge that one person by name Pratap Chougule was working in the field of PW11 Sonu Kolpate, at Gaganbavda. The photographs of the appellant were sent to the police stations. He directed his staff i.e., PW2, Rajaram Suryawanshi, of Gaganbavda Police Station to go and find out whether a person by name Pratap Chougule was working in the field of Sonu Bapu Kolpate or not. PW21 Rajaram alongwith other police constables went to the field of Sonu Kolpate and it was confirmed that the person, who was working in the field of Sonu Kolpate was the appellant accused. So the police apprehended the appellant accused at the Gaganbavda police station and his arrest panchanama (exhibit 33) was drawn. The police thereafter sent the clothes of the deceased and the appellant to the C.A. The police recorded the statement of the persons in the vicinity as also PW18 Nita Patil and also collected the love letter sent by the appellant to Nita. During the course of investigation, the police also obtained specimen handwriting of the accused and sent the disputed love letter (exhibit 39) and the specimen signatures i.e., six pages having specimen handwriting (exhibits S1 to S6) to the handwriting expert. The police collected the report of the handwriting expert Ravindra Vasant Kakale (PW24). After completion of the investigation, police filed chargesheet. The learned Magistrate committed the case to Court of Sessions. The learned Sessions Judge framed charges against the appellant accused and the trial concluded in conviction, hence, this appeal.