PRALHAD GANGARAM DHONGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused, a skilled mechanic worker, killed the deceased rajendra Palande, a Sectional Manager working with Bajaj Auto Limited, Akurdi, pune because the deceased had made various complaints against the accused to the superiors and recommended strict disciplinary action also. This is the case of the prosecution in the present case, based on which, the learned Additional sessions Judge, Pune, by the impugned judgment dated 21 March, 2000, has convicted the appellant under Section 302 of the IPC and sentenced him to undergo rigorous imprisonment for life and passed other related orders. Therefore, this Appeal against the order of conviction,

(2.) THE deceased made a complaint and aiso recommended strict disciplinary action against the accused to the superior on 22/12/1996 as he was found sleeping on the shop floor during the lunch hour. Again on 27/12/1996, the deceased made a report against the accused. On 28/12/1996 PW6 -Dayanand Choisram Rajpal summoned the accused and sought his explanation. The accused, therefore, got annoyed and abused the deceased Palande and told pw 6 that deceased's days are numbered and accordingly, expressed his anguish and reatened to death of the deceased and his family members. On the same day, at about 6. 45 p. m. , the deceased was working on a welding machine as he was working in the three wheeler chassis Section. Suddenly, as alleged, accused poured thanner on the back of the deceased and ran away from the Chassis section: The deceased, because of the sparks from the machine, caught fire. He, immediately, therefore, turned around and saw the accused running away from the spot, The deceased shouted for help. Some other workers extinguished the fire. He was then admitted to the dispensary of the company and thereafter taken to Sassoon Hospital for a while. He was thereafter shifted to ruby Hall Clinic for further treatment. The Special Judicial Magistrate - PW7 ulhas Dattatraya Koranne recorded the dying declaration (Exhibit-30) of the deceased at 11. 15 p. m. PW14 - Surendra Vaijanath Jadhav recorded the complaint/fir of the deceased Rajendra Palande on 29/12/1996 and initially an offence under Section 307 of the IPC was registered against the accused. The investigating Officer PW13 - Vilas Balasaheb Raskar then visited the place of the offence and drew, the Panchanama of the scene of offence (Exhibit-21 ). In panchanama they seized cotton waste, half burnt pieces of cloth and other articles. A sample of thinner was also collected from the Paint Shop and the accused was arrested on the same day. A bottle of thinner was also recovered at the instance of the accused on 29/12/1996 (Exhibit-39 ). An empty bottle of thinner was also recovered at the instance of the accused from the locker no. 5342/0331 (Exhibit-40 ). On 4 January, 1997, the deceased Palande succumbed to the injuries. This aspect is also deposed by PW 13 PSI Vilas Raskar, apart from Memorandum of the accused readiness to point out the same (Exhibits-39 and 40 ). It was duly proved by the Panch witness PW11 - Ashok vishnu Joshi. Merely because prosecution failed to establish the allotment of the said locker to the accused by the company, the accused's own statement, as well as the other evidence cannot be overlooked. PW13 PSI Vilas Balasaheb Raskar sent all the attached articles to the Chemical Analyzer for analysis along with the requisition. The deceased had 54% burn injuries and the cause of death was due to septicemic shock following burns. After preparation of the final report under section 173 of the Criminal Procedure Code, the case was committed to the Court of Sessions on 26th March, 1997. The appellant was arrested on 31th December, 1996. The charges were framed under Section 302 of the [pc. The accused pleaded "not guilty" and total denial was the defence.

(3.) THE prosecution examined 16 witnesses. The learned Additional sessions Judge held that Rajendra Palande, the deceased, died a homicidal death. He further held that the prosecution proved that on 28th December, 1996. at about 6. 45 p. m. in the premises of Bajaj Auto in its Three Wheeler Chassis Section, the accused committed the murder and, by intention, or knowingly, caused the death of the complainant Rajendra Palande by pouring chemicals on this person. Therefore, the accused was convicted and sentenced to rigorous imprisonment for life.