DEEPRAJ NAMDEO ZENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH the appellants accused have preferred this appeal against the judgment and order passed by the Addl. Sessions Judge, Pune, convicting them for commission of the offence punishable under Sec. 302 read with 34 of the I.P.C. and sentencing them to suffer imprisonment for life. They were also convicted for committing offence punishable under Sec. 451 read with 34 of the I.P.C. and were sentenced to suffer R.I. for three years and fine of Rs.1000.00 each in default to suffer R.I. for three months. Both sentences were directed to run concurrently. Other two accused persons, namely, accused Nos. 3 and 4, however, were acquitted of all the charges by the learned Sessions Judge.

(2.) THE prosecution case in brief is thus - PW-4 Jaibai and PW-5 Dnyanoba are the parents of deceased Dilip. Since prior to the incident, Dilip and his wife Kanta were residing with Dilip's parents at their residence of two rooms in Vidhata Colony, Hadapsar. There is one association by name, "Sunaram Mitra Mandal" at Hadapsar in that locality. Members of the said Mandal used to collect contributions from the inhabitants of the said locality for celebrating Ganpati festival every year. They used to install Ganpati idol in front of Vidhata Chawl where deceased was residing in an open place. Deceased Dilip and his father used to make contribution to the said Mandal every year for celebration of Ganpati festival. It is the case of the prosecution that, on 16.9.1985, four accused persons came to their residence to collect contribution, at which time, contribution of Rs.30.00 was paid and mother of deceased Dilip asked them as to why name of Dilip was not mentioned in the previous year's report of festival though he had paid contribution of Rs.51.00, however, the accused retorted to her that it was their choice to put or not Dilip's name on their report. On 17.9.1985, Ganpati idol was installed in the locality. The four accused persons came to the house of neighbour of Jaibai to collect contribution at about 10.00 p.m.. The accused persons were in front of the house of one Jadhav, at which time, Dilip came out of his house and altercations took place between them, however, PW-4 Jaibai and her husband PW-5 Dnyanoba alongwith others intervened and separated them, at which time it is alleged that accused No.1 gave threat to Dilip. On 27.9.1985, there was Ganpati idol immersion day, on which day PW-4 Jaibai warned deceased Dilip not to go out of the house and stay at the house. However, he went out and returned to house at about 10.30 p.m. at this juncture, she saw accused No.2 standing beneath the tree in front of the house. At that time, Dilip's father came out of the house to answer natures call and while returning he saw accused No.2 standing there. He then went into the house and latched the door from inside and thereafter Dilip and his parents as well as Dilip's wife retired to bed. At about 11.00 p.m., Jaibai and Dnyanoba heard sound of kicks or the blows being given with something on the outer door from outside. The persons present there, were asking to open the door and were stating that they had come to kill Dilip. Hearing this, PW-4 Jaibai supported the closed door by her back and asked accused persons not to create trouble and the dispute, if any, would be looked into tomorrow, however, instead of that, the accused persons started giving blows with something on the door from outside, as a result of which she opened the latch. The door was broken open and the four accused persons entered the house. As the door was forcibly opened, the plank of the door was hit on her forehead. On entering the room accused No.1 lifted the kerosene tin placed in the window of the kitchen room and poured it on the body of Dilip and set Dilip on fire, as a result of which Dilip got fired and accused persons ran away. Dilip came out and fell in the courtyard of the house. It is the case of the prosecution that PW-5 Dnyanoba seen the door broken open by the accused and immediately rushed to the police chowky on the distance of about one furlong and informed the police about the act of the accused persons who made forcible entry in the house. The police came on the spot and Dilip was found lying in burnt condition. Prior to that, neighbour Mangaldas Mane came running and poured water on Dilip and extinguished the fire. Police brought ambulance and put Dilip therein and took him to the Sassoon Hospital for medical treatment. PW-6 Dr. Ravikant Ghumare attended him and gave medical treatment, at which time Dilip gave history of the burns, which was reduced to writing on case paper Exh.26.

(3.) ON registration of the said offence, investigation was conducted by P.I. Shukla and he visited the place of the offence and drew the spot panchnama, at which time, incriminating articles were seized from the spot and confidentially they were sent to the Chemical Analyzer for examination, whose report is received and is part of the record. The statements of other witnesses also came to be recorded on that very day i.e. on 28.9.1985. On the same day, four accused persons were arrested. The statement of Dilip was also recorded by P.I. Shukla in Sassoon Hospital on 29.9.1985. Finally, Dilip succumbed to his injury on 21.10.1985 and offence was converted into Sec. 302 and 451 read with 34 of the I.P.C. Inquest panchnama was made vide Exh.22 and the body was sent for post-mortem examination, of which report is on record. On completion of the investigation, the chargesheet was sent to the Court of law. The learned Magistrate committed the case to the Court of Sessions as the offences were exclusively triable in the Court of Sessions.