STATE OF MAHARASHTRA Vs. BABAN KERBA JONDHALE

JUDGEMENT

(1.) This Appeal is filed by the State, challenging the Judgment and Order of acquittal dated 31.08.1995 passed by Additional Sessions Judge, Parbhani in Sessions Case No.132/1994, thereby acquitting the respondent accused for the offence punishable under Section 302 r.w. 34 of I.P. Code and Section 498-A r.w. 34 of I.P. Code.

(2.) The case of the prosecution, in brief, is as under:

(3.) On 22.04.1994, the Police Patil at village Farkanda had given report (Exh.22) in Palam Police Station that, on 22.04.1994 at about 8.00 a.m. Kotwal Hiraman had informed him that, Sarubai died in between 2.00 to 3.00 a.m., due to tetanus. He enquired with accused No.2 Kerba about death of Sarubai. The accused Kerba informed that, before 8 days of the incident, the complainant Jayabai had left deceased Sarubai at his house of the incident, and deceased Sarubai died because of tetanus. Accordingly, an accidental death No. 694 u/sec. 174 of Cr.P.C. was registered and the investigation was set in motion. Inquest panchanama (Exh.8) of the dead body of Sarubai was prepared at the house of accused No.2 Kerba in presence of panchas. The dead body of Sarubai was sent to Hospital for post mortem and the post mortem report (Exh.12) was received, and the probable cause of death of Sarubai was mentioned 'asphyxia due to throttling'. The spot panchnama (Exh.9) was prepared in presence of panchas and as per the said spot panchanama (Exh.9) one gunny bag having faint blood stains was seized. The clothes and articles on the person of deceased Sarubai were seized as per seizure panchanama (Exh.10) in presence of panchas. On 23.04.1994, the complainant Jayabai had given oral report in Police Station and the said report was reduced into writing as per (Exh.18). On the basis of the said report (Exh.18), the entry was taken in Station diary and crime No. 43/1994 under Section 302, 498-A r.w. Section 34 of IPC was registered. The accused No.1 Baban was arrested as per panchanama (Exh.13) in presence of panchas and one half bush shirt one banian and one lungi was seized from accused No.1 Baban in presence of panchas. The accused No.1 Baban while in Police custody had given information in presence of panchas that, he has kept a knife in tin box in his residential house below the clothes and accordingly, memorandum panchanama (Exh.15) was prepared in presence of panchas. Thereafter, the accused No.1 Baban had taken the investigating Officer and the panchas to his house, and he had taken out the knife which was in the tin box below the clothes, and the said knife was seized in presence of panchas as per Exh.16. During the course of investigation, it was revealed that, the accused No.1 Baban had told Ashok (PW-5) that, he has pressed neck of deceased Sarubai in the night and committed her murder, and he should not tell to anybody, and he should give information to his mother-in-law that, Sarubai died because of snake bite. Accordingly, the said Ashok (PW-5) had come to Borgaon and had informed complainant Jayabai (PW-5) that, Sarubai died because of snake bite. The complainant Jayabai had come to Farkanda after receipt of said information and she had seen the dead body of her daughter, injuries on the right leg and the blood oozing from the private part of deceased Sarubai. The complainant came to know that, Sarubai was murdered by pressing of her neck. The statement of Ashok (PW-5) has been recorded by the Special Judicial Magistrate Mohd. Khaja (PW-7). The said statement is at Exh. No.33. The statements of witnesses were recorded. The seized articles were sent to the office of C.A. as per letter (Exh.29). The reports of C.A. (Exh.25) and (Exh.26) was received. After completion of investigation, the charge sheet was filed against accused persons.