SACHIN SHRIKANT NAVGIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals preferred under Sec. 374 of the Criminal Procedure Code ('Cr.P.C'), the appellants have impugned the judgment and order dtd. 28/4/2011 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 317 of 2007, by which, the learned Judge was pleased to convict and sentence the appellants as under; -for the offence punishable under Sec. 302 of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs.2,000.00 in default, to suffer rigorous imprisonment for two months; -for the offence punishable under Sec. 394 of the Indian Penal Code, to suffer rigorous imprisonment for 5 years and to pay fine of Rs.1,000.00 in default, to suffer rigorous imprisonment for one month; -for the offence punishable under Sec. 450 of the Indian Penal Code, to suffer rigorous imprisonment for 2 years and to pay fine of Rs.500.00 in default, to suffer rigorous imprisonment for 15 days. The aforesaid sentences were directed to run concurrently.

(2.) The prosecution case in brief is as under; It is the prosecution case that one Shakuntala Dhavale (deceased) aged 72 years, was residing alone in Flat No.105, 106 Vishal Apartment, Sadashiv Peth, Pune. Shakuntala was running an STD booth at Omkar General Store, Sadashiv Peth, Pune and would visit the said booth wearing gold ornaments. On 17/11/2006, the son and daughter-in-law of Shakuntala received a call from her neighbour - Smt.Abhyankar stating that the door of Shakuntala's house was open and there was no movement seen inside the house and that the STD booth had also not been opened. Pursuant thereto, Shakuntala's son and daughter-in-law proceeded to the said flat and found pieces of glass bangles scattered on the floor in the passage and hall and the deceased was seen lying on the floor with both her legs and hands tied with katha rope. One red colour cloth was found thrust in Shakuntala's mouth and the gold ornaments worn by her were found to be missing. Accordingly, the Police were informed and Shakuntala was taken to Sasoon Hospital, where she was declared dead. Accordingly, Neeta Dhavale - daughter-in-law of deceased lodged an FIR alleging theft and murder of her mother-in-law i.e. Shakuntala Dhavale. During the course of investigation, the appellants alongwith juvenile accused came to be arrested on 20/11/2006. After investigation, chargesheet was filed as against the appellants in the Court of learned Judicial Magistrate, First Class. Since the offences were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Pune, for trial. As far as the third accused is concerned, a juvenile, chargesheet against him was filed in the Juvenile Court and he was tried by the Juvenile Court. As far as the appellants are concerned, charges were framed as against them by the trial Court, to which, they pleaded not guilty and claimed to be tried. The defence of the appellants was that of total denial and false implication. The prosecution, in support of its case, examined as many as 18 witnesses i.e. P.W.1- Smt. Neeta Uday Dhavale (PW-1), informant - daughter in law of the deceased; P.W.2 - Shri Shrikar Manohar Devlalkar, panch - to recovery of katha rope at the instance of appellant - Sachin; P.W.3 - Smt. Sayali Sachin Abhyankar, neighbour of the deceased; P.W.4 - Ajay Madhukar Dalvi - Panch to the Spot Panchanama; P.W.5 - Sachin Dinkar Abhyankar, neighbour of the deceased; P.W.6 - Dr. Ganesh Pandurang Pujari, the Medical officer, who performed the post mortem; P.W.7 - Kapil Anand Kulkarni, panch - to recovery of some gold ornaments at the instance of appellant - Santosh; P.W.8 - Dagdu Suryabhan Selkar, panch - to the recovery of some gold ornaments at the instance of appellant - Santosh; P.W.9 - Sanjay Ramnaresh Mantri; P.W.10 - Smt. Lala Jayant Dusane, neighbour of the deceased; P.W.11 - Ms. Suchitra Ghansham Patil, Nayab Tahsildar who conducted the TIP; P.W.12 - Mahadev Ramchandra Vichare, Investigating Officer; P.W.13 - Deepak Ratilal Mehta, witness - to show that one galla in Saraswati Building was given to Surekha Malbare on rent; P.W.14 - Sarang Dattatraya Nerlekar, grandson of the deceased; P.W.15 - Basavraj Dharma Pale, watchman; P.W.16 - Vasant Ganpat More, Investigating Officer; P.W.17 - Eknath Subhash Parkhi, Government Approved Valuer and P.W.18 - Ashok Raghunath Jagdale, Investigating Officer. Thereafter, the statements of the appellants were recorded under Sec. 313 of the Cr.P.C. The appellants did not adduce any evidence, nor did they examine any witnesses.

(3.) After hearing the parties, the learned Sessions Judge, Pune, convicted and sentenced the appellants as stated aforesaid in para 2.