UTTAM DULAL MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused robbed and killed his friend deceased Kishore and the Court found him guilty and sentenced to suffer imprisonment for life for the offence under Section 302 of the Indian Penal Code, The Court has also sentenced to suffer imprisonment for 7 years for the offence under Section 397 of the IPC. The Court has further sentenced to suffer rigorous imprisonment for 6 months under Section 448 of the IPC and other related orders,

(2.) THE appellant-accused and the deceased Kishore came to Mumbai for their livelihood. The deceased was working in Zaveri Bazar Market in Mumbai. He worked with various jewellers. At the relevant time, the deceased was living in Francis Chaw] at Dahisar (West), One PW3 - Bhaskar, a friend of Madhav in whose room Kishore was residing, was also sharing the said room with the deceased. Both were doing labour work at various places, basically in Zaveri bazar. The appallant-accused also came to Mumbai and he was unemployed the relevant time. He met the deceased Kishore. The deceased extended his cooperation and friendship. The appellant, therefore, started visiting Kishore at his business place and also at his residence i. e. the room in question. During me night also, he used to stay in the said room with Kishore. On 6th May, 1996, in the night, after preparing food, the deceased was waiting for PW-3 Bhaskar. After taking dinner together, they were watching TV upto midnight The appellant-accused came in the room. The deceased Kishore, Bhaskar, and the accused, after chitchatting, went to bed. Room No. 6 in question is a single room. It has a small bathroom-like structure inside the room. The deceased Kishore had a steel cupboard in the room and he used to store cash and other valuables in the said cupboard. The deceased had kept ear-rings, bangles and various other ornaments for his family and kept the same in the cupboard. PW3 - Bhaskar was in monetary difficulty and, therefore, he had also handed over a gold chain to the deceased Kishore, with a request to sell the said chain. On 7th May, 1996, at about 8. 30 a. m. , PW3 - Bhaskar left the room and went to his shop. The beceased and the appellant were together in the room. On 7th May, 1996, the deceased did not attend the shop being a holiday. The complainant PW1 - Vikas, therefore, enquired from other persons about Kishore. He waited for Kishore till the evening. In the evening, PW1 - Vikas, telephoned one Auntie who was residing near Francis Chawl and who had a telephone. The deceased answered the phone and stated that he would come to the shop on the next day in the morning. Bhaskar came late in the night on 7th May, 1996. He found mat the room was locked. The said Auntie also told Bhaskar that she did not see the deceased kishore since evening. Bhaskar left the area and enquired from another lady who also gave him the same reply. Bhaskar, therefore, went to Virar and slept in his friend's house. On 8th May, 1996, PW1 - Vikas again waited for Kishore. He again contacted the said Auntie on telephone. Auntie informed him that the room is still locked, PW1 - Vikas got annoyed and enquired from other persons about kishore. He contacted Bhaskar in Zaveri Bazar. PW3 - Bhaskar also informed him that since the room was locked, he could not stay in the said room in the previous night PW1 - Vikas, therefore, went to Dahisar in the evening. The room was locked. PW1 - Vikas, therefore, collected the key and opened the lock of the said room, He switched on the light of the room. He found that the steel cupboard was opened and the articles in the room were scattered. He found some blood marks on the wall. He saw the bed on the floor. He removed the bed-sheet from the bed and found his brother Kishore inside the bed. He further found that kishore was bleeding from his head. The pillow, pillow covers and the bed sheet were soaked in blood. A towel was tied around the neck of Kishore, The neighbours gathered as Vikas started crying, Kishore was dead. The complainant vikas went to Dahisar Police Station along with the said Auntie. The matter was accordingly reported to PW-10 Police Inspector Baban Shivram Kadam, The police immediately rushed to Room No. 6 of Francis Chawl The statement of PW-1 Vikas was recorded by PSI Patil and treated as FIR (Exhibit-11), The panchanama of the scene of offence was drawn (Exhibit-16), The clothes were seized under Seizure Panchanama (Exhibit-24) and sent to the Chemical analyzer. As per the statement of Bhaskar, the Investigating Officer immediately contacted the friends and relatives of the accused Uttam, as the accused was last seen in the company of the deceased Kishore, After due enquiry, they found that pw4 - Jayanta Murarimohan Mandal and his brother Bikas, who were working in zaveri Bazar, had gone to Calcutta on 8th May, 1996, along with the accused utam. The Police, therefore, after completing the due formalities went to calcutta, The Police contacted PW2 - Jaydev M, Mandal, a real brother of PW4 -Jayanta. PW2 - Jaydev informed the Police that his two brothers and the accused had come to Calcutta and were staying in his house for a few days. The Police, along with Jayanta, went to the native place of accused, Uttam. PW4-Jayanta, being the relative of the accused, was able to reach the house of the accused at village Chaipat. The accused was present in the house. The Police immediately took personal search of the accused and seized some ornaments from his person. After interrogation, the accused produced before the Police, a bag containing ornaments, cash etc. The Police seized the same under Panchanama (Exhibit-25 ). The Police had recovered from the accused cash in the sum of Rs. 8,700/- and a gold chain of Bhaskar, which was handed over to the deceased Kishore, and some other ornaments.

(3.) THE Police brought the accused to Mumbai. During interrogation, the accused took the Police, in Room No. 6, of Francis Chawl, where the incident had taken place. The accused showed a drum lying in the bathroom-like structure in the said room From the said drum, the accused produced before the Police a hammer, pakkad, a small plastic box containing some visiting cards. Those articles and the plastic box were blood stained. The said articles were seized and the Panchanama was drawn (Exhibit-18), The articles were, then sent to the chemical Analyzer. The blood of the accused was collected and sent for obtaining his blood group. The blood group of the accused was found to be "o". The blood group on the articles was found to be of group "a" The blood group of the deceased Kishore was also "a".