LAWS(BOM)-2005-8-182

VETAL BHAGWAN MANDLE Vs. STATE OF MAHARASHTRA

Decided On August 10, 2005
VETAL BHAGWAN MANDLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant assails the judgment and order dated 2-6-2001 passed by the IInd Additional Sessions judge, Akola in Session Trial No. 80/2000 convicting the appellant for offence under section 302 of the Indian Penal Code and sentencing him to undergo R. I. for life and to pay fine of Rs. 500/-, and in default of payment of fine to undergo further R. I. for two years.

(2.) Briefly, the case of prosecution in as follows: -On 18-1-2000 at about 2. 00 p. m. the appellant committed murder of his wife rekha by assaulting her on vital parts of the body with the help of scissors. The offence was committed by the appellant after he saw Gajanan, the brother-in-law of rekha, including in obscene acts with rekha. The appellant for some time had feeling that Rekha and Gajanan were having amorous relationship. On the day of incident at about 9. 00 a. m. Gajanan londhe, the brother-in-law of Rekha came to their place at Keliveli. They took food together and thereafter Rekha dropped her daughter Jyoti in Anganwadi while Vitthal went to play. The mother of the appellant had gone to the field for work. The accused in order to confirm his doubt about the amorous relationship between Rekha and gajanan, told Gajanan and his wife that he was going to his field for some work but, in fact, he did not go to the field but hide himself in the bathing place which was having thatched walls. After some time when he peeped into the house through an opening in the thatched wall, he saw Gajanan and his wife indulging in lascivious acts. After some time Gajanan left the house and went away. Thereafter the appellant inquired from his wife about her conduct and also informed her that he had seen her and gangaram (Sic. Gajanan) indulging in obscene acts. Rekha told him that he was telling lie and was making insinuation. Thereupon there was physical wrangle and she pushed him aside. Being enraged, the appellant picked up scissors lying on the sewing machine and repeatedly stabbed on her back, buttock, shoulder and private parts. On account of the injuries suffered, Rekha bled profusely and thereafter died on the spot. Vetal went to Police Station, dahihanda and lodged report (Ex. 24) at about 5. 00 p. m. , which was reduced into writing by Sukhramsingh ASI (PW 4). Pursuant to the report lodged by the appellant himself, Crime No. 7/2000 was registered and the appellant was arrested. At the time of his arrest, the appellant was wearing paijama and Nehru shirt, which were stained with blood. After registering the offence, a message was conveyed to PSI bhavsar that offence of murder has been registered against the appellant. At the relevant time, PSI Bhavsar was at Akola. After receiving the message, he proceeded to the spot and asked the officer in charge of police Station to send case diary directly to the spot. Accordingly, PSI Bhavsar arrived at the spot. He made panchanama of the spot in presence of the witness. The articles found at the spot of incident were seized under seizure memo. The dead body was then sent for postmortem examination, which was conducted by Medical Officer Dr. Amol Ghorpade (PW 5) on 19-1-2000. Dr. Ghorpade found 92 stab injuries on the body of the deceased Rekha. On 19-1-2000 PSI Bhavsar (PW 11) seized clothes worn by the appellant which were stained with blood. After the post-mortem examination, all the articles seized along with clothes of the deceased were sent for chemical analysis. After conducting the investigation, the charge-sheet was filed against the appellant under section 302 of the Indian Penal Code. The case was committed to the Court of Sessions. In Sessions Trial No. 80/2000 the prosecution examined in all 11 witnesses and also produced several documents to prove the case against the appellant. After recording the statement of the appellant under section 313 of Code of Criminal Procedure and hearing the arguments of both sides, the trial court convicted the appellant for having committed murder of his wife Rekha and sentenced him as above.

(3.) Mr. Tathod learned Counsel appearing for the appellant submitted that the trail Court ought not to have relied upon the report (EX. 24) since it was a confessional report lodged by the appellant/accused and as such was inadmissible in law. He further submitted that the trial Court erred in relying upon the confessional report lodged by the appellant and putting the contents thereof to the appellant/ accused in his statement under section 313 of Code of Criminal Procedure. He further submitted that if the confessional report is excluded from the consideration, there is absolutely no evidence brought on record by the prosecution to prove that the appellant committed murder of his wife Rekha. He further submitted that the explanation given by the appellant/accused by way of answer to question No. 31 put to him in the statement under section 313 of Code of Criminal Procedure, is a plausible explanation and therefore, no adverse inference can be drawn against the appellant/accused for having lodged report at about 5. 00 p. m. at Police station on the day of incident.