SANGITA VILAS KIWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the accused challenging the Judgment and Order dtd. 1/3/2014 passed by the Additional Sessions Judge, Pune in Sessions Case No. 137/2011 by which the appellant is convicted and sentenced as under:

(2.) According to the prosecution, the incident took place on 18/11/2010 between 7:00 pm to 7:15 pm at Mukundnagar, Dias plot Canal at Gultekdi, Pune. It is alleged that the Appellant was carrying out the illegal business of money-lending and prior to two years of the incident had lent Rs.50000.00 at 10% interest to the complainant. Thus, keeping a grudge in mind regarding not repaying the loan amount, the Appellant kidnapped the complainant's grandchildren - Rohit aged 9 years, Rahul aged 7 years, Anmol aged 5 years and Tejas aged 3 years and took them in an auto-rickshaw to the canal and pushed Rohit, Rahul and Anmol in the canal and tried to kill them and pushed Tejas into the canal water, as a result of which he drowned and his body was found on 21/11/2010 in the canal at Shinde Vasti, Hadapsar, whereas Rohit, Rahul and Anmol came to be rescued.

(3.) It is the prosecution case that on 18/11/2010 at about 7:00 p.m., the grandsons of the complainant, namely Rohit, Rahul, Anmol and Tejas, had gone to the house of the appellant to watch television. After 5-10 minutes, Rohit came back and informed that the appellant was taking them to eat ice cream, and he left. As the said grandchildren of the complainant did not return home, she and her family members started their search. At around 8:15 p.m. to 8:30 p.m., police reached the house of the complainant with Rohit, Rahul and Anmol. Rahul informed that the appellant had taken all of them in an auto-rickshaw to the canal at Dias plot and had pushed them into the canal and at that time, the appellant's daughter Ranji who was present, had objected to the appellant's act i.e. of pushing the children into the canal. According to Anmol he raised hue and cry, pursuant to which the people who had gathered at the spot, saved Rahul and Rohit; however, Tejas went missing. Hence, F.I.R. was lodged against the appellant alleging offences punishable under Sec. 363, 366 and 307 of the IPC.