SATYANARAYAN VITHAL AMBAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 42 of 1998 the appellants-accused in the two appeals were tried along with others on a charge that they have committed murder of Firoz @ Bachchu Mohd. Salim Khalil Ahmed Khan and one Akhtar. The trial Court by judgement and order dated 29th October, 1999 found the appellant - original accused no. 1 Phillips John Baptist and appellant - original accused no. 2 Satyanarayan Vithal Ambat guilty of having committed offence punishable under Section 302 read with 120B and convicted and sentenced them to suffer rigorous imprisonment for life. They were also found guilty of the offence punishable under Section 201 of the IPC and came to be convicted and sentenced on the said count to suffer R.I. for one year and to pay fine of Rs. 2000/- in default to suffer further R.I. for six months. They were acquitted of the other charges with the further direction that their substantive sentences would run concurrently. The Court also granted them set off for the period they were in custody during the trial. In so far as the other co-accused are concerned, they were acquitted of all the charges. This is how the two appellants have preferred these two separate appeals which are heard and finally disposed of by this common judgment and order.

(2.) It is the prosecution s case that R.C.F. Police Station received an anonymous phone call on 24.8.1997 at about 10.45 a.m. to the effect that in Chikhalwadi area near one Pimpal tree in a hut two persons were murdered. A station diary to this effect came to be made by PSI Sawant who at the relevant time was attached to R.C.F. Police Station, PI Rao, API Kale, API Shinde and other police officers proceeded to Chikhalwadi to inquire into the matter. But they could not get any substantial information but they found that one hut was closed of which the owner was one Mangal Kamble (PW-8). On enquiry from Smt. Mangal Kamble they learnt that the hut was given on rent to Jyoti (PW-3) who was working as a barmaid and that she had left the said hut and removed her household articles. On this the police asked Mangal Kamble to send Jyoti to police station whenever she happens to meet him, and returned to the police station and made an entry in the station diary of closure of search as they could not get any substantial information. Thereafter on 27.8.1997 PSI Swamy who was the Duty Officer along with API Kale received wireless message from one WSI Anjelin (PW-1) that she found one dead body in the area of Chikhalwadi which was the limit of R.C.F. Police Station and that they should attend the matter by reaching the spot. So police officers from R.C.F. Police Station left for the site in accordance with the information. WSI Anjelin then showed them the place. Fire Brigade was called and they could take out the body from the water tank. However, since the smell still continued, again a requisition was made for the Fire Brigade and they could recover the second dead body. It is the case of the prosecution that WSI Anjelin (PW-1) visited the water tank near the railway bridge in the area known as Priyadarshani Circle on receiving a wireless message at 4.55 p.m. on 27.8.1997 that a foul smell is spreading from the said water tank and on the basis of that information she had reached the spot. Therefore, R.C.F. Police Station registered Crime No. 205 of 1997 in R.C.F. Police Station, Sub-Division Trombay treating WSI Anjelin as the informer. The report was recorded as a F.I.R. and a case under Section 302, 201 read with Section 34 and 120B came to be registered against unknown persons. The police prepared an inquest panchanama of the dead bodies and the spot panchanama. Dead bodies were photographed and were sent to Rajawadi Hospital for conducting autopsy.

(3.) In the course of investigation the police got information about the suspect i.e. about Phillips John Baptist as the person who was visiting Jyoti. So they arrested him and his brother-in-law i.e. Satyanarayan appellant-original accused no. 2 who was found with him in Rahul Nagar. It is after the arrest of these two suspects the police were able to arrest the remaining accused persons on the basis of the information received by them.