KOKILABAI MAHADEO ZADOKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 44 of 1992, the appellant/accused Kokilabai w/o Mahadeo Zadokar, who is the appellant in Criminal Appeal No. 92 of 1996 and Gopal Arjun Zadokar, who is the appellant in Criminal Appeal No. 101 of 1995, were tried along with original accused no.3 Rajendra s/o. Wasudeo Mahankar for having committed offences punishable under Sections 302, 364 and 201 read with Section 34 of IPC and original accused Rajendra Wasudeo Mahankar was also tried for having committed an offence punishable under Section 376 of IPC. The learned Trial Court by the judgment and order dated-28th February, 1995 found appellant/original accused no.1 Kokilabai w/o. Mahadeo Zadokar and appellant/original accused no.2 Gopal Arjun Zadokar guilty of having committed offence under Section 302 read with Section 34 of IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo rigorous imprisonment for one year each. They were also convicted for having committed offence punishable under Section 201 read with Section 34 of IPC and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 100/- each, in default to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/- each, in default to undergo rigorous imprisonment for two months each. The learned trial Court ordered that the substantive sentences shall run concurrently and set off was granted under Section 428 of the Cr. P. C. to the appellant/accused. They were acquitted of the charge for having committed an offence punishable under Section 364 read with Section 34 of IPC, whereas original accused no.3 Rajendra Wasudeo Mahankar was acquitted for the offence punishable under Section 376 of IPC. It is against the said conviction and sentenced that the appellants/original accused have preferred these appeals, which can be disposed of by common judgment and order.

(2.) It is the prosecution case that on13-5-1992 at11. 30 a. m. Sahadeo Arjun Zadokar (PW13) lodged a report at Police Station, Jalamb that Sau. Kokilabai w/o. Mahadeo Zadokar r/o. Pahurjira has kidnapped his daughter Ku. Rekha and said girl is missing till this date. Whenever he had been to said Kokilabai, she has given evasive answers. The said lady brought the clothes of his daughter to his house and had told them that Rekha would come back to the house on Akhaji (one of the festivals ). As their daughter has not returned, he was having suspicion that the said lady has kidnapped their daughter and, therefore, the matter should be investigated. On the basis of this report, PSI Garuffkhan, who was at the relevant time working as PSO at Police Station, Jalamb, registered crime No. 36 of 1992 under Section 364 of IPC. The said report is part of the FIR (Exh. 41 ). Thereafter, PSO Gaffurkhan (PW14) visited the spot and prepared a panchanama (Exh. 42) and seized one saree and petticoat of victim Rekha from her father under the panchanama and recorded statements of Sahadeo Zadokar (PW13) and Gangubai (PW8), mother of deceased Rekha. On 13-5-1992 he arrested appellant/accused Kokilabai. Thereafter, on14-5-1992 he recorded supplementary statements of these who persons. On the basis of the report and the investigation so far carried out, he arrested appellants/original accused Kokilabai and appellant/original accused Kokilabai and appellant/accused Gopal Zadokar, who is brother of complainant Sahadeo. On 14-5-1992 the appellant/accused no.2 Gopal volunteered to make a statement, which was recorded in the form of memorandum (Exh. 18) wherein he has shown his willingness to show the spot where the dead body was buried under the ground in the field, pursuant to which appellant/accused Gopal took the police parties along with panchas to a field near village Pahurjira, which was in his share and showed a spot where he had buried the dead body of Rekha d/o. Sahadeo Zadokar, and with the help of spade he took the dead body of Rekha, which was a skeleton. The police prepared the inquest panchanama in the presence of parents of Rekha and the panchas. Thereafter, on requisition the Medical Officer carried out post mortem on the spot. Head Constable Sawant was deputed to guard the skeleton. He then prepared the panchanama of the scene of offence (Exh. 21) and carried out further investigation and recorded the statement of various witnesses. Police also conducted search of the house of appellant/accused Kokilabai and in her house search they were able to recover one Petticoat, which was seized under the panchanama. IT is the case of the prosecution that after the post mortem was performed, the doctors had handed over the bones to the police, which were sent to Chemical Analyser for further analysis. In the course of investigation the police collected the School Leaving Certificate of deceased Rekha from the school of Tulanga. On investigation of the case, it was found that it was the original accused Rajendra, brother of appellant/accused Kokilabai, who had developed illicit relations with Rekha and as she was minor, on5-8-1992 police arrested Rajendra for an offence under Section 376 of IPC.

(3.) The learned Trial Court also found that the prosecution has not been able to prove beyond reasonable doubt the original accused no.3 Rajendra Mahankar committed rape, as age of the victim Rekha is said to be between 14 to 18 years and, therefore, in absence of any evidence on record, given benefit of doubt of original accused Rajendra Mahankar and acquitted him for a charge of having committed an offence under Section 376 of IPC. After taking into consideration all the evidence on record, the learned Trial Court was also of the opinion that for want of evidence original accused Rajendra cannot be held guilty for committing murder of Rekha and that is how the Trial Court found the appellant/original accused guilty and convicted them and acquitted original accused no.3 Rajendra s/o. Wasudeo Mahankar. In the matter of acquittal of original accused no.3 Rajendra Mahankar, the State has not preferred any appeal.