DADARAO BHAURAO KOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant / accused is convicted by the learned Additional Sessions Judge (Court No.6), Aurangabad, in Sessions Case No.265/2018, for offences punishable under Ss. 302, 201, 376(f), 376(n) and 506 of the Indian Penal Code and is sentenced to suffer imprisonment for life.

(2.) The prosecution case, in short, is that accused is resident of village Kelgaon, Tq. Sillod, District Aurangabad, where he resides along with his wife, son Prabhakar, daughter-in-law and grand children. Land Gut No.438 at Adharwadi road within the limits of village Kelgaon belongs to him. In the said agricultural land a storehouse of two rooms is situated (hereinafter referred to as 'wakhar'). Accused has three sons namely Prabhakar, Shriram and Jairam. Prabhakar who is his elder son, is residing with him. His younger sons Shriram and Jairam are residing at Surat. Accused and his son Prabhakar used to sleep in wakhar in the night. On 14/07/2018, at 08:30 p.m. accused went in the field for sleeping. Prabhakar followed him later. In the morning accused came home and told that Prabhakar did not come in the agricultural field. When his family disclosed him that Prabhakar had followed him, he said that Prabhakar did not come to the field and he does not know whether he was taken away by a thief or ghost. Accused then tried to call Prabhakar on his cellphone, but his cellphone was switched off. Accused then along with villagers Rameshwar and Shriram Shinde took search of Prabhakar in the vicinity of Kelgaon and nearby places. Inquiry was also made with the relatives, but they told that Prabhakar did not visit them. At about 02:00 p.m. accused went to Sillod (R) Police Station and lodged missing complaint (Exhibit-47) stating above facts and giving details of the clothes worn by Prabhakar, his age, colour, height and mobile number used by him. The said complaint is registered at Missing Complaint No.12/2018 and it's investigation was handed over to Police Naik Dandge, Police Sub-Inspector. He obtained SDR and CDR of mobile number of Prabhakar and found that in the night of 14/07/2018 mobile location of Prabhakar was at Kelgaon itself. He then inquired with the accused, wife of Prabhakar, mother of Prabhakar and maternal uncle of Prabhakar. After recording their statements, he thought it necessary to inspect the wakhar. He then handed over investigation papers of the missing complaint to ASI Savle, PW6, on 23/07/2018. On that day, PW6 carried out inspection of wakhar in the presence of two panch witnesses. There he found one axe, one white colour full sleeves shirt, one white trouser and one plastic bucket stained with blood. Blood stains were also noticed on the wall and floor of the wakhar. He seized the said articles and sample of blood stains by drawing spot panchanama (Exhibit-14). On the next day, he interrogated wife of Prabhakar (for short 'victim') and the accused, and came to know that accused had illicit relations with the victim. The victim disclosed that, by giving threat that he will kill Prabhakar accused used to establish physical relations with her. PW6 interrogated the accused and accused showed his willingness to show the dead body of Prabhakar and confessed the killing of Prabhakar and burying his dead body under the garbage heap. Thereafter, Taluka Executive Magistrate and two panch witnesses were called. Clothes of the accused were seized. His memorandum statement was recorded wherein he has stated that he is ready to show the dead body. Accused led them to his agricultural land and then to the garbage heap and stated that the dead body of Prabhakar is buried there by him. The dead body was exhumed by drawing detail panchanama. As the dead body was decomposed, medical officer was called and postmortem was conducted on the spot. Femur bone of the deceased was sent for testing during postmortem. Doctor opined that death is caused due to head injury. Then, blood samples of the accused and his wife were collected for DNA purpose and to get DNA profiling from Regional Forensic Science Laboratory (for short RFSL). The DNA report confirmed that the deceased was biological son of accused and his wife.

(3.) ASI Savle then lodged FIR against accused vide C.R. No.170/2018, for offence punishable under Ss. 302 and 201 of the I.P.C. On completion of investigation charge-sheet was filed. Accused was charged under Ss. 302 and 201 of I.P.C. During trial additional charge under Ss. 376(f) and 376(2)(n) of I.P.C. was framed against accused. He abjured the guilt and claimed to be tried. In support of the charges, prosecution examined 16 witnesses. Defence of the accused is that only with a view to grab his land his family members are deposing falsehood against him. After recording evidence, learned Additional Sessions Judge, Aurangabad, convicted the accused as aforesaid. Hence, the present appeal.