THE STATE OF MAHARASHTRA Vs. SADASHIV DHONDIRAM PATIL

JUDGEMENT

(1.) By this Appeal, the State is challenging the Judgment of the Additional Sessions Judge, Kolhapur, dated 13th July, 1993 in Sessions Case No.48 of 1991, thereby acquitting the Respondent/Accused for the offences punishable under Sections 302 and 201 of the IPC.

(2.) Facts, as are necessary, for deciding this Appeal may be stated as follows :-

(3.) On the next day, at about 8 am, PW-2 Bhosale and PW-6 Yamnappa again visited the house of the Accused and confronted the Accused about the missing of Lata. They also smelled some foul odour emitting from the house of Accused. Hence, PW-2 Bhosale made intense inquiry with the Accused. Thereupon, initially, Madhukar, brother of the Accused, informed that Accused has told him that he has committed the murder of Lata and buried her dead body in the house. PW-2 Bhosale then confronted the Accused about it and Accused confessed of having committed the murder of Lata on the night of 25th October, 1990 at about 01:00 Hrs. It was further confessed by the Accused that during that night, while he was beating Lata, taking suspicion of her character, Lata shouted and hence in order to close her mouth, he pressed cloth ball in her mouth, tied her mouth with towel, fell her down on the ground, pressed her neck with iron rod and killed her. Thereafter, he tied her hands with the rope, put her dead body in the gunny bag, sewed the mouth of the gunny bag and dropped the gunny bag in the pit used for storing the grains. PW-2 Bhosale verified the confession given by the Accused by removing the water tank kept on the mouth of the pit. He saw gunny bag therein containing the corpse. Therefore, he took the Accused and his brother Madhukar to the Kurundwad Police Station and lodged complaint (Exhibit- 17) against the Accused.