DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused by the present Appeal takes exception to his conviction in Sessions Case No.11 of 2014 by the learned Additional Sessions Judge, Udgir, District-Latur on 18/2/2016 after holding him guilty of committing offence punishable under Ss. 302, 201, 363, 369 of the Indian Penal Code.

(2.) The prosecution story, in short, is that deceased Sadanand, aged 10 years, was son of PW-3 Pinkabai and informant PW-7 Vishnu (present respondent No.2). Deceased Sadanand was studying in 4thstandard in Zilla Parishad Prashala at Deoni. Sadanand had gone to school as usual on 11/1/2014, which was Saturday. It was the morning school and the interval was around 11.00 a.m. Deceased did not attend the class room after the interval. This fact was noticed by his class-teacher PW-4 Sunita. Thereafter she had made arrangements to send the school bag of deceased Sadanand to his house. Sadanand's brother Amar was also studying in the same school and he informed the said fact of missing of Sadanand to his mother PW-3 Pinkabai. Informant Vishnu was at Hyderabad at that time. When the fact was made known that Sadanand went missing; all the family members started searching him. The fact was made known to his father at Hyderabad, who came on the next day and lodged the First Information Report (for short "the FIR") against present appellant. It has been contended that one Pramod Sanjay Bele had told that he has seen Sadanand with Deepak i.e. accused and therefore inquiry was made with the parents of the accused also and parents informed that the accused did not come to house. At the time when the FIR was registered vide Crime No.10 of 2014, it was under Sec. 369 of the Code of Criminal Procedure. Police then apprehended the accused on 14/1/2014 and discovered the dead body of Sadanand. There is WC behind one Mahila Gat Sadhan Kendra and the dead body was found lying there. The inquest panchnama and spot panchnama was carried out on 15/1/2014 and dead body was sent for postmortem. The postmortem has been conducted between 9.45 a.m. to 11.00 a.m. on 15/1/2014 and the cause of death has been given as "Asphyxia due to strangulation". Under the said circumstance, Ss. 302, 201 and 363 of the Indian Penal Code came to be added. In the FIR as well as in the statements those were recorded immediately thereafter, it was told that Sadanand was wearing gold pendant in leaf shape and therefore, it was suspected that murder is due to said gold leaf. When the dead body was found, there was no such article in the neck of Sadanand. While he was in custody accused Deepak gave memorandum and showed the place of offence as well as took the panchas and the Police to jeweler PW-6 Sayyed Majid to whom he had allegedly sold the said gold leaf. The Jeweler had given him a gold ring and cash of about Rs.340.00 in return. The gold ring, even the gold leaf pendant was then seized under seizure panchnama. Statements of witnesses were recorded. Seized articles were sent for chemical analyzer and after completion of the investigation, charge-sheet was filed.

(3.) After committal of the case, charge was framed and when accused pleaded not guilty, prosecution examined in all twelve witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides, the learned trial Judge has sentenced the accused to suffer imprisonment for life and to pay fine of Rs.10,000.00, in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 302 of the Indian Penal Code. Further, accused has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2000.00, in default to suffer rigorous imprisonment for three months for the offence punishable under Sec. 201 of the Indian Penal Code. For offence punishable under Sec. 363 of the Indian Penal Code, he has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2000.00, in default to suffer rigorous imprisonment for three months. Further, for the offence punishable under Sec. 369 of the Indian Penal Code, he has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2000.00, in default to suffer rigorous imprisonment for three months. All the substantive sentences have been directed to run concurrently. The set off has been granted under Sec. 428 of the Code of Criminal Procedure. Out of fine amount recovered, an amount of Rs.10,000.00 was directed to be given to the informant PW-7 by way of compensation under Sec. 357(1) of the Code of Criminal Procedure and the copy of the Judgment and order was directed to be sent to District Legal Services Authority, Latur for grant of compensation under Sec. 357-A of the Code or Criminal Procedure.