PANDHARINATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is filed against judgment and order of Sessions Case No. 109/1999 which was pending in the Court of Additional Sessions Judge, Jalgaon. In the case filed against the appellant for offence punishable under section 302 of I.P.C., the appellant is convicted and sentenced by the Trial court for offence punishable under section 304(I) of I.P.C. He is sentenced to suffer R.I. for seven years and fine of Rs. 500/ - is imposed on him. Both the sides are heard. It is the case of State that on the night between 25.3.1999 and 26.3.1999 when a lady by name Smt. Kantabai, who was aged about 40 years at the relevant time, was sleeping in the courtyard of her house, deceased Pradeep came there. It was 11.30 p.m. Pradeep tried to establish illicit relations with the lady and on that night, he wanted to have sex with her. Kantabai was deserted by her husband and she was living with her daughter in the said house. Accused/appellant was sleeping inside of the house of Smt. Kantabai at the relevant time. Appellant is not a relative of Kantabai.

(2.) WHEN deceased Pradep slept at the place where Kantabai was sleeping, Kantabai woke up and she started shouting. Accused came out of the house, he picked up a wooden plank which was part of firewood lying in the courtyard and gave two blows of wooden plank on the head of Pradeep. Pradeep sustained bleeding injuries and he collapsed in the courtyard. Accused then dragged Pradeep towards open space situated in front of liquor shop, at the distance of 100 to 150 ft. and accused left Pradeep there and went away. On 26.3.1999 at about 7.30 a.m. accused again visited the house of Smt. Kantabai and when he found that there was a pool of blood in the courtyard of the house of Kantabai, he spread cattle dung over the blood to conceal the blood.

(3.) VASUDEV , the P.S.I., who was attached to aforesaid police station made the investigation of the case. When he was preparing spot panchanama, he realized that there was blood on the spot where the dead body was lying and there was trail of blood stains between this spot and the courtyard of the house of Smt. Kantabai. Panchanama was prepared accordingly in presence of panch witnesses. The statement of Kantabai came to be recorded on 26.3.1999 and then it became clear that the accused had committed the murder of Pradeep. Accused came to be arrested on 26.3.1999.