DASHRATH SAKHARAM SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal by the appellant, as he has been convicted, under Section 302 of Indian Penal code (IPC) and sentenced to undergo imprisonment for life.

(2.) The appellant-accused No. 1 and one Pralhad-accused No. 2 were charged and tried jointly for committing the murder of one chandrakant Parshuram Bajare (the deceased). As per the prosecution, accused no. 2, being friend, used to visit the house of the deceased. The deceased had advanced the loan to accused No. 2 for purchasing autorickshaw and also for the marriage of his daughter, which remained unpaid. Accused no. 2, induced the appellant, to commit the murder of the deceased. The appellant was unemployed. Accused No. 2, had promised an employment in return. The appellant on such inducement and promise on 30-1-1992, at about 11. 00 p. m. , in front of Chankya housing Society, near Deep Bunglow square, pune, beat the deceased with fists and kicks. The appellant also gave blows of stones on his head, after removing the clothes of the deceased. The deceased was unconscious, because of the head injuries by the stones. This incident was witnessed by P. W. 2, vishwas Chavan, who was sitting along with shivaji, P. W. 3 near bonfire beside the bunglow of Mr. Shirole. At the relevant time, p. W. 3 went out for urination, but he immediately returned and informed about the on going fight. P. W. 2 and P. W. 3 rushed towards the place of the occurrence. One jekab was also standing there. They saw one bicycle beside the road and one man was beating another man. The victim fallen on the ground, was having a black pant and a white shirt and the assailant was having white shirt and white pyjama and was bald. They saw that the assailant was hitting with fists and kicks, then he took out the clothes of the deceased and assaulted with the stones. As other persons also came near the place, the assailant ran away on the bicycle. Both these witnesses, however, at the relevant time could not see the face of the assailant.

(3.) On31-l-1992atabout7.50a. M. MARUTI Hajare, PSI, P. W. 4, received a message, that an injured person lying in front of Chankya Housing Society, was taken to sasoon Hospital, Pune. The injured was in the emergency ward. P. W. 4 PSI, therefore, went to the spot of incident. The spot panchanama was prepared (Exh. 9). The clothes, slippers and driving licence of the deceased were seized. The blood stained stones were also seized. Articles 1 to 8 are placed on the record. The first information report (F. I. R. ) Exh. 17 was lodged. The report, Exh. 18 was also sent to the police station. The offence was registered at cr. No. 45/1992. The statement of P. W. 1 was recorded on that day. The further investigation thereafter, was carried out by psimundhe (P. W. 9). On 1st February, 1992, mundhe, examined 5 witnesses, including vishwas Chavan, P. W. 2; Shivaji, P. W. 3. Other witnesses were examined on 2nd february, 1992. On 6/2/1992, he arrested accused No. 2. On 7/2/1992 the appellant was arrested. The blood stained white shirt and a white Pyjama (article 9 and 10) from the person of the accused-appellant were also seized and seizure panchanama was drawn (Exh. 29). The supplementary statement was recorded on 9/2/1992. The property and articles were sent to the Chemical Analyser and the same was received vide Exh. 36 and 37. The prosecution, as per the letter Exh. 23 to Subhash Dahiwal (PW 7) , (Special Judicial magistrate) (SJM) requested to hold the identification parade. It was also informed to the SJM to record the confessional statement of the accused-appellant in cr. No. 45/1992. The SJM, by it's letter, instructed to keep the appellant present, for recording statement on 9/3/1992. After completing all the formalities, and essential questioning, recorded the statement of the appellant, Exh. 24. The SJM, thereafter, gave 24 hours time for the reflection and remanded the appellant to Magisterial custody. On 10/ 3/1992, at about 12.10 noon, all the necessary questions and answers were exchanged. There was no complaint or any objection about any kind of inducement, threat or promises by the police. After due satisfaction, the SJM recorded and endorsed the confessional statement and obtained the thumb-impression of the appellant (Exh. 25). The necessary certificates were issued (Exh. 26). In the identification parade, as main two witnesses were not available, therefore, they could not be produced. Mr. Jekab, who was present along with P. W. 2 and P. W. 3 could not be identified. On 30th April, 1992, the charge-sheet Exh. l was submitted after completion of the inquiry and investigation.