CHAITRAM MATARAM KUNJAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the original accused nos. 1 and 2 against the judgment and order of conviction dated 4th April, 2001 passed by the Additional Sessions Judge, gondia in Sessions Trial No. 57 of 1997. By the said judgment and order both the accused have been convicted and sentenced for the offence punishable under section 302, Indian Penal Code read with section 34, Indian Penal Code to undergo R. I. for life and to pay fine of rs. 5000/- in default further R. I. for 6 months for the murder of one Ratiram who was the cousin of appellant No. 1. Appellant No. 2 is the wife of appellant No. 1. Both the appellants were living with their daughter at village Pangadi. Deceased ratiram was also residing in the same village. The prosecution case in brief is as under : on 15-5-1997 at about 5. 30 p. m. Ratabai (appellant No. 2) went to the house of Kisan Uike who is village patil of village Pangadi and requested him to come to her house as quarrel was going on between deceased Ratiram and appellant No. 1. Therefore, the Police patil along with the appellant No. 2 went to her house. At that time he noticed that deceased Ratiram was confined in the house of appellants and he was trying to come out of the house by breaking the door with the help of knife and the appellant No. 1 who was armed with axe was present near the door. He tried to persuade ratiram but he was not convinced. Therefore, he decided to inform the matter to the police. He started going to police Station at Gangajhari. However, as his cycle was punctured he halted at village Lendejhari which is on the way to the police station. At about 7. 30 a. m. he came back to village Pangadi. He visited the house of the appellants and he saw dead body of deceased Ratiram lying in the varandah of the house of the appellants and blood was oozing from his mouth. He went to the police station and lodged report at about 9. 30 a. m. on 16-5-1997. On the basis of the said report offence was registered under section 302 of Indian Penal Code. P. S. I. Suradkar (P. W. 2) took up the investigation. He visited the spot, the dead body of the deceased was lying in the varandah. He drew panchanama of the scene of offence. He held inquest on the dead body of the deceased and referred the dead body to the Medical Officer for post-mortem examination. From the spot he seized two ropes, Dupatta, Cap, Watch. Appellant No. 1 was arrested on 16-5-1997 whereas appellant No. 2 was arrested on 17-5-1997. The clothes of the appellant No. 1 were found stained with blood, therefore, his clothes were attached. Samples of the blood of the deceased as well as appellant No. 1 were taken. All the attached property and samples were sent to Chemical Analyser. After completion of investigation both the appellants were charge-sheeted for offence punishable under section 302 read with section 34, Indian Penal Code in the Court of J. M. F. C. Gondia.

(2.) Offence under section 302, Indian Penal code is exclusively triable by court of Sessions, therefore, the learned j. M. F. C. committed the case to the court of Sessions for trial according to law.

(3.) Both the accused were produced before the Sessions Court. The sessions Court framed charge under section 302 read with section 34, Indian penal Code against both the appellants and they pleaded not guilty and claimed to be tried. The defence of the appellant is not one of total denial. He met the prosecution story to some extent viz. deceased Ratiram was confined in his house but he denied to have committed any offence. Appellant No. 2 has also admitted that she approached the police patil and brought him to her house and the deceased was found confined in the house. She denied the allegations of her involvement in the crime. Appellants have not adduced any evidence in their defence.