GANGADHAR FAKKAD SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in both these appeals, who on being convicted by the Additional Sessions Judge, Sangamner, by judgment dated 30-4-2003, in Sessions Case No. 1 of 2002, and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- each, in default to undergo simple imprisonment for three months for an offence punishable under section 302 read with section 34 of Indian Penal Code by these appeals challenge their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of these appeals can briefly be stated as under :- p. W. 9 P. S. I. Vijay Shinde, who was attached to Sangamner Police Station recorded the complaint of P. W. 1 Chandrabhaga at Exh. 18 on 25-10-2001. On the basis of the said complaint an offence vide Crime No. I. 168 of 2001 came to be registered and information in respect of the offence was sent to P. W. 11 P. I. Bhagat and to the Superintendent and Deputy Superintendent of Police. P. W. 10 a. S. I. Argade was handed over the investigation of the crime and he immediately proceeded to the place of the incident and drew the scene of the offence panchanama at Exh. 20 in the presence of P. W. 2 Gautam. The scene of the offence was shown by P. W. 1 Chandrabhaga. The place of the incident was by the side of a stream towards its western side. Blood stained sample of soil mixed with blood came to be drawn. Two pairs of Chappal, one of red colour and the other of black colour, came to be seized. The investigation thereafter was handed over to P. W. 11 P. I. Bhagat. P. I. Bhagat (P. W. 11) on being handed over the investigation on 25-10-2001, arrested accused No. 1 at about 9.30 p. m. The clothes of the accused comprising of pant and shirt came to be seized vide arrest panchanama and seizure memo at Exh. 29 in the presence of panch witness P. W. 6 Vijay. Since there was injury on the left palm of the accused No. 1 and towards the right ear, he was referred for medical examination along with the requisition at Exh. 43. Though the accused was medically examined, the medical certificate of the accused was not placed in the charge sheet. Accused No. 1 is alleged to have made a disclosure memorandum at Exh. 35 in the presence of P. W. 8 kadushah, expressing his willingness to point out the place where he had hidden a knife. The accused had accordingly taken the police and the panch in a police jeep to his house. A knife which was hidden in the rafters of the roof was taken out by the accused which came to be seized vide panchanama at Exh. 36. The said knife is article-I. A police constable had produced the clothes of the deceased Ramji which came to be seized at seizure memo Exh. 25 in the presence of P. W. 3 Bhausaheb. The blood sample was requested to be drawn vide requisition at Exh. 44. vide Exh. 45 the sealed blood sample of the accused was received. The seized property was referred to the Chemical Analyser by a requisition at Exh. 46. Accused No. 2 came to be arrested on 29-10-2001. The reports of the Chemical Analyser are at Exh. 47, 48 and 49. Dead body of deceased Ramji was referred for post mortem examination and the post-mortem was carried out by P. W. 12 Dr. Dere. P. W. 12 Dr. Dere noticed the following external injuries on the person of deceased Ramji. 1. Incised wound of 1. 05 x 0. 3 cms. over lower lip on left side. 2. Stab wound of 4 x 2 x 14 cms, elliptic at 9 O'clock position from left nipple, 3 cm. lateral to left nipple wound is directed medially, downwards and oblique purcing plural and myocardium. 3. Stab of 4 x 1 cm. with tailing on left side in the mid clavicle line 7 cms. below the left nipple. 4. Stab elliptical of 3 x 1 x 4 cm. over left mid auxiliary line just below the place of injury No. 3 wound directed medially downwards and oblique rupturing the left dome of diaphragm. 5. Stab of 2 x 1 x 2 cms. elliptical just 1 cm. lateral to espigastrium on right side. 6. Stab of 4 x 1 x 6 cms. over right iliac fossa 1 cm. above the anterior superior ilia spine with a part of small intestine emerging out wound directed medially, oblique and downward. 7. Incised wound of 4 x 0. 5 x 0. 2 cms. over right side of chest horizontal at 7 O'clock position 2 cms. below the right nipple. Incised wound of 3 x 0. 5 x 0. 2 cms. just below the above injury. The post-mortem report is at Exh. 54. According to P. W. 12 Dr. Dere, cause of death was haemorrhagic shock due to cardiac rupture as a result of stab injury over heart. According to P. W. 12 Dr. Dere, injuries Nos. 2, 4, 5 and 6 were not possible by the knife seized during investigation. The rest of the injuries, namely injuries Nos. 1, 3 and 7 were possible by the knife. Exh. 50 is a sketch map drawn of the scene of the incident. The scene of the incident is situated in between a stream and a road. The house of deceased Ramji was on one side of the stream while the place of incident is on the other side of the stream. A pump house and a well are shown to be near the place of incident. As per the report of the Chemical Analyser, knife was found to be stained with blood of B group, while the group of blood found on the clothes of the accused could not be determined. The clothes of deceased Ramji were found to be stained with blood of B group. The blood group of accused No. 1, however, could not be determined as per the Chemical Analyser's report at Exh. 49. The results were inconclusive. Further to the completion of investigation, a charge sheet against the accused came to be filed.

(3.) On the case being committed to the Court of Sessions, the trial Judge vide Exh. 7 framed a charge against the appellants for an offence punishable under section 302 read with section 34 of the Indian Penal Code on the allegation that they had committed the murder of deceased Ramji on 24-10-2001 at 10. 00 p. m. Both the appellants denied their guilt and claimed to be tried. Prosecution in order to establish the offence against the accused examined 12 witnesses.