GANESH BHATU SHINDE (PATIL) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of conviction dtd. 18/7/2018 passed by the learned Sessions Judge, Dhule in Sessions Case No.124 of 2015 is hereby assailed by the convict Ganesh, thereby questioning legality, maintainability, sustainability of the judgment and praying to set aside the same.

(2.) PW3 Gaikwad, Police Patil of village Kundane passed information to Dhule Taluka Police Station on telephone regarding dead body lying in abandoned condition on Dahyane road. On receipt of said information, Police visited the spot, prepared inquest and referred dead body for post mortem. Initially AD was registered. According to prosecution, as body was of unknown person, at the time of inquest, his body search was taken and some documents including medical papers were found, on the basis of which identity of deceased was got confirmed. Deceased was found to be Sunil Lakade and on enquiry with his brother Santosh, Police got a clue that there was dispute between appellant and deceased and regarding previous assault on deceased, crime was registered against appellant. In that backdrop, it is the story of the prosecution that, appellant had approached deceased on 14/8/2015 for compromising the matter and accordingly, deceased was taken to the Court but there deceased put up conditions which angered appellant and thereby he was taken, assaulted and his body was finally disposed of at a remote place which was finally spotted by Police Patil and then Police came in picture.

(3.) PW1 More, Police Head Constable lodged report resulting into registration of AD. However, after investigation by this witness and Police Officer Munde (PI), it was revealed that it was a case of murder. Accordingly, this witness lodged FIR and forwarded to PW12 Wadnere, who registered crime no.164 of 2015 for the offence under Ss. 302, 201 r/w 34 of the IPC.