DILIP DHONDU CHANDIWADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) As both these matters arise out of the same set of facts, we propose disposing them of by a common judgment.

(2.) For committing the murder, rape and robbery (of gold earrings) of Prema Nagu Chogale, sometimes between 11.45 A.M. and 12 noon, on 16th Dec. 1992, in 'Shevaricha Kavalta' adjacent to village Bauddhawadi Kumbhave, within the limits of Police Station Dapoli, District Ratnagiri, the learned Sessions Judge, Ratnagiri vide judgment and order dated 2nd Dec., 1993, in Sessions case No. 44 of 1993, convicted the appellant under Sections 302, 376 and 392 Penal Code and directed him to undergo imprisonment for life under the first count and to a separate sentence of 10 years RI each under the second and third counts. The aforesaid sentences were directed to run concurrently. The appellant has challenged these convictions and sentences in the present appeal. Clubbed along with this appeal is Suo Motu Application No. 4 of 1994 which arises out of the Suo Motu notice issued by this Court to the appellant, while admitting his appeal on 12th April, 1994, to show cause as to why his sentence be not enhanced to death.

(3.) According to the prosecution on 16th Dec., 1992, PW3 Govind Ramchandra Mate was cutting grass in the land of one Sudhir Shinde situated adjacent to village Bauddhawadi Kumbhave. Between 11 a.m. to 12 noon, he saw the deceased Prema Koli coming from the side of village Inam Pangari and going towards Kumbhave. Govind first noticed her while she was at a distance of about 50 to 60 feet from the place where he was cutting grass. Two to three minutes later, he is alleged to have heard her saying 'you leave me.' Naturally, his attention was drawn towards the direction from where he heard the sound coming. He saw that the appellant was pulling and dragging to deceased Prema Koli towards 'Shevaricha Kavalota' area and she was trying to extricate herself from his clutches. Since Govind was an old man, he avoided chasing the appellant and instead ran towards Bauddhawadi where the informant PW2 Siddarth Tambe lived. He is said to have told Siddarth Tambe that he saw the appellant pulling and dragging Prema Koli towards 'Shevaricha Kavalota' area. Thereafter, Siddarth Tambe, his nephew Pravin Sonu Jadhav (PW5) and Govind went together to the area of 'Shevaricha Kavalota' and on reaching there from a distance of about 10 to 15 feet, saw the appellant sitting by the side of the corpse of Prema Koli. On seeing Govind and others, he is said to have run away towards the eastern direction. It is alleged that Govind and others chased the appellant but, he managed to hide behind some bushes. It is also said that while the appellant was running, he had some sharp cutting weapon like a knife in his hand and threatened Govind and others that in case they pursued him, he would kill them. Consequently, Govind and others came back to the place where the corpse of Prema Koli was lying. On closely seeing the corpse they noticed that the neck was cut resulting in profuse bleeding. The sari which Prema had worn appeared to be removed. The blouse which she was wearing was fully blood stained. It is alleged that one or two ladies came near the corpse and thereafter, Govind and others decided to inform the police.