BARKU BHAVRAO BHASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Judgment dated 13-8-2001 delivered by 3rd Addl. Sessions Judge, Nashik in Sessions Case No. 49 of 2001, by which the present appellant is held guilty for offences punishable under Sections 364, 302 and 201 of the Indian Penal Code (IPC) is being challenged by the original accused, by this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973. The appellant/accused is held guilty by the trial Court for kidnapping child Rekha @ Rakhi, daughter of Jibhau chavan, aged about 6 years, committing her murder and trying to screen himself by concealing the dead body and other things. He is sentenced to RI for 5 years, life imprisonment and RI for 3 years on the respective counts. The trial Court was pleased to impose fine and pass default sentence also on all three counts, although of different quantum.

(2.) The prosecution story, as can be gathered from the deposition of complainant Jibhau Chavan (PW-1 and father of the victim) as also depositions of PW-3 Ranjana chavan, mother of the victim and couple of brothers of complainant Jibhau, PW-5 Raghunath Chavan and PW-8 jagannath Chavan, can be briefly narrated as follows: complainant Jibhau, his wife Ranjana and couple of daughters Poornima and Rekha @ Rakhi were the family members. The complainant used to undertake masonry work. The accused before the Court is distantly related to the complainant. He was working as a labourer, along with the complainant, some days prior to the alleged incident. On the date of the incident, the accused did not resume his work with the complainant. When the complainant returned home, one boy named Vasant informed him that his daughter Rakhi was missing. On enquiries with wife, upon reaching the residence, the complainant was informed that Rakhi was missing since about 11:30 a. m. Because couple of days prior to the incident, the accused had suggested that he would take Rakhi to village Kakane to meet grand-mother, the complainant enquired the whereabouts of the accused. Wife informed the complainant that the accused had visited their place at about 10:30 a. m. and he had also provided sugarcane to child Rakhi and the child enjoyed the same by sitting in the lap of the accused. The complainant, therefore, felt that the accused might have taken Rakhi to village kakane to the house of her grand-mother. Neighbour manohar Shinde took the responsibility, he accordingly visited village Kakane and on return, Manohar and rajendra informed that the accused was not found at the place of grand-mother of missing child Rakhi. At about 6:30 p. m. , the complainant along with one Dashrath Kashinath went to village Kakane. The accused and his mother were present in the house. Upon enquiries about missing child Rakhi, the accused was evasive. Hence the complainant returned home. It is claim of the complainant that on way return, a girl (child) Mohna informed him to have seen Rakhi going along with the accused. When this information was divulged by the complainant to his brother (PW-5 raghunath) , brother directed the complainant to go to kakane again and bring the accused. The complainant along with one Balu (PW-4 Balvant) again went to village kakane and brought the accused to his residence at kalwan. At this juncture, the accused is said to have made extra-judicial confession on an assurance that he will not be beaten by the family of the victim. The accused informed that about a fortnight ago, at village bej, the complainant had abused him on account of some dispute regarding payment, he had grudge in his mind. Hence he took Rakhi to Patvihir area near the mountain and he killed her there. He also told that he had hidden the dead body under the stones. The witnesses took the accused to police station where the complainant recorded his complaint (Exhibit-11). Thereafter, the complainant, 7-8 other persons and policemen along with the accused went to Patvihir area by a police jeep and the accused is said to have shown the spot of incident. After removing the stones, dead body of Rakhi was recovered. Rakhi had sustained bleeding injuries to her head and ear and she was wearing her school uniform at that time. After investigation into the matter by recording appropriate panchnamas, statements of the witnesses, forwarding the seized articles to Forensic Science laboratory and obtaining reports of analysis, chargesheet was filed in the Court of the J. M. F. C. , kalwan by investigating officer Shantaram Valvi (PW-9). The trial before the Sessions Court ended in conviction, as narrated above.

(3.) The prosecution has relied upon the evidence of as many as 9 witnesses. This includes the complainant jibhau (PW-1) , his brother Raghunath (PW-5) and motorcycle rider Balvant (PW-4) , a resident of the same locality. All of them claim to have heard the extra-judicial confession made by the accused. In addition, the complainant deposes about the discovery of the dead body at the instance of the accused. The evidence of PW-3 Ranjana (mother of the victim) and that of PW-7 Rajendra Aher, a petty vendor of toffees, is evidence pertaining to "last seen together". According to Ranjana, the accused had come to her residence at about 10:30 a. m. He fed sugarcane to the child Rakhi. Ranjana was busy in washing clothes, etc. , and when she completed her work, she found that the accused and Rakhi were not in the house. PW-7 Rajendra claims that at about 1:15 p. m. the accused had purchased toffee worth one rupee from his shop and at that time victim Rakhi was with the accused. PW-8 Jagannath, other brother of the complainant, is examined on the point of quarrel between the accused and the complainant on the point of dues of labour charges. His evidence reveals that the complainant claimed some amount to be due from the accused because inspite of taking money, the accused was not attending the duties. PW-2 Shantaram Kumawat is a panch witness and he has witnessed discovery of the blood stained shirt of the accused, at the instance of information given by the accused under the memorandum and the panchnama (Exhibits-16 and 17). The shirt is said to have been discovered at a location on Khedgaon road, two furlongs away from village Nakode, it was kept hidden under a stone. API Shantaram Valvi (PW-9) had recorded the complaint of Jibhau (Exhibit-11) and he has also carried out investigation into the matter.