RAMESH KASHINATH ZINJADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is held guilty and convicted for the offences punishable u/ Ss. 302,307 of Indian Penal Code. He is sentenced to suffer imprisonment for life, fine Rs. 500/- in default simple imprisonment for one month on the first count, and rigorous imprisonment for 10 years, fine rs. 500/- in default simple imprisonment for one month on the second, although both substantive sentences are directed to run concurrently. The judgment was recorded on 21.2.2005. in Sessions case No. 49/2004.

(2.) According to prosecution story the incident took place on 11.1.2004. at about 5-15 p. m. while victim savita (wife of present appellant) was returning home to Hirdewadi from township Shrigonda after casting her vote in the Municipal elections. She was riding on the pillion of motorcycle No. MH- 16/5-7319 driven by PW 6 Raju Prakash kothambire, a family friend of Hirde family (parents of deceased Savita). Accused was charged for murder of wife Savita and for an attempt to commit murder of motorcycle driver i. e. Prakash. It is not in dispute that the matrimonial life of accused and deceased Savita had entered troubled water about one year prior to the alleged incident, although they were married in 1997 and were also gifted with a son and a daughter. Prosecution believes that appellant - accused, in an attempt to eliminate the wife has deliberately driven his tempo MH-16/q-1063 in a high speed. Following the motorcycle and knocked out the motorcycle by bumping its backside.

(3.) Apart from total denial, appellant - accused has also suggested that it was a road accident due to loss of control on the motorcycle by PW 5 prakash and taking advantage of the situation, he is falsely implicated by the relatives of bis deceased wife. He does not dispute that he had reached the location within 10 minutes of the accident, but according to him this was because he received a telephonic message from one balu Lolge on his mobile telephone while he was at the place of one Nana Sonawane for enquiring about availability of sorap material for transport, that his vehicle had suffered an accident. Taking chance of his presence, relatives of the deceased thrashed him on the spot and handed him over to police. It appears that he has registered a complaint on the next day i. e. 12.1.2005 about this beating to him. Apart from present appellant, one subhash Kundlik Londhe was tried together, although Subhash and appellant were charged only for the offence punishable u/s. 201 r/w 34 of IPC i. e. causing disappearance of the evidence. This is because the tempo was found deserted / unattended at ahmednagar city, after 4/5 days since the incident. So far as this acquittal is concerted, the State has not come up in appeal and there is no reason for us to consider that aspect for taking any different view.