SURESH DADARAO SOLANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were prosecuted for the offence punishable under Section 302 r/w 34 of the Indian Penal Code in Sessions Case No.78/1994 on the file of the learned Additional Sessions Judge, Achalpur. By a judgment and order dated 28.7.1999, the appellants came to be convicted for the offence as charged and have been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/ - and in default to suffer rigorous imprisonment for two years. Feeling aggrieved, the appellants have come up in appeal.

(2.) THE prosecution case may be briefly stated thus : Appellant nos.3 and 4 are husband and wife, while appellant nos.1 and 2 are their sons. Vimal is the daughter of appellant nos.3 and 4 and she was married with now deceased Arjun Rathod. Both the appellants and the deceased were staying in the same locality at Sarfabad (Hayapur). It is said that the marriage of Arjun with Vimal was his third marriage and there were certain disputes between them which had led Vimal lodging a report of ill -treatment against deceased Arjun and Arjun was arrested in pursuance thereof, about a month before the incident in question. On 5.1.1994 there was a sports event at the school playground at village Sarfabad (Hayapur). PW 1 Bhaurao Bharsakde, who happens to be the Police Patil of village Hayapur, was present at the sports event. At about noon time, appellants Suresh, Shrikrishna and Dadarao, went to the playground and informed PW 1 Bhaurao that deceased had consumed poison at their house. PW 1 Bhaurao along with one Sudhakar and Kashinath started going to the house of the appellants and found that deceased Arjun was on the street talking to his wife Vimal and he was shouting. It is said that prior to arrival of Bhaurao and Ramesh, Draupada, the mother of deceased, who was at her house, heard a commotion which led her to come out of the house and find that her son i.e. deceased Arjun was lying in the courtyard of the appellants. She rushed to her son and deceased had allegedly informed her that his brothers -in -law had caught hold of him and the parents -in -law had administered poison to him. PW 1 Bhaurao inquired with Arjun, as to what has happened, when Arjun informed the same thing to him. It is said that Arjun informed that he is feeling numbness in his body and is getting cramps and, therefore, cannot write. PW 1 Bhaurao did not have a pen and paper with him and, therefore, he went to his house. It is said that the deceased then went to the house of PW 1 Bhaurao and told him about the incident in which appellant nos.1 and 2 had caught hold of him and appellant nos.3 and 4 having forcibly administered poison to him. This was reduced into writing by PW1 Bhaurao, vide Exh.17. It was signed by deceased as well as PW1 Bhaurao and two witnesses namely Sudhakar Bharsakde, the Police Patil of Sarfabad and one Kashinath Gorde, the Ex -Sarpanch. It appears that, in the meantime, the deceased was taken to Primary Health Center, but he could not survive. On the basis of information, a case of accidental death was registered and investigation was started in which chit Exh.17 came to be seized. An inquest panchanama was drawn and the dead body was sent for post -mortem examination. On account of there being symptoms of poisoning, the viscera was preserved and sent for the report of the chemical analyser and the report Exh.45 showed presence of insecticide. The investigating officer also recorded the statements of the witnesses and on completion of the investigation, a chargesheet came to be filed in the court of Judicial Magistrate, First Class, Achalpur, which was committed to the Court of Sessions.

(3.) THE learned Sessions Judge framed charge against the appellants to which the appellants pleaded not guilty and claimed to be tried. The defence of the appellants is one of total denial and false implication, particularly on account of political rivalry between the faction belonging to PW1 Bhaurao.