SHIVA S/O DEVRAO BAWANKULE, AGED ABOUT 35 YEARS, OCCUPATION LABOUR, R/O KHAPARKHEDA, TAHSIL MAUDA, DISTRICT NAGPUR. ALSO AT SAKHARLA, TAHSIL MOHADI, POLICE STATION, ANDHALGAON, DISTRICT BHANDARA Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION, ANDHALGAON, DISTRICT BHANDARA

JUDGEMENT

(1.) The appellant convict, in Sessions Trial No.24 of 2011, has challenged judgment and order dated 13.2.2014 delivered by learned Additional Sessions Judge, Bhandara imposing upon him sentence of imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 and a fine amount of Rs.1,000/, or in default, further rigorous imprisonment for three months. He is also convicted for the offence punishable under Sec. 394 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine amount of Rs.1,000/, or in default, to suffer further rigorous imprisonment for three months. He has been acquitted of offence punishable under Sec. 201 of the Indian Penal Code.

(2.) The story of the prosecution in a short is, on 18.10.2010, appellant-accused Shiva S/o Devrao Bawankule took a bicycle on rent and went to village where deceased Anusayabai Sevak Lute was residing. He left her village along with her on bicycle on 21.10.2010. In the morning, on 210.2010, at about 11:00 p.m. (11:00 a.m.?), when complainant PW 2 Suresh Dasaram Sapate went to his field for grazing cattle, he came across an unknown dead body of a woman. He informed this to Sarpanch of his village viz. Jagdishwar Motiram Shende. The identity of a lady could not be established and complaint was lodged with the police station.

(3.) During investigation, it was found that a woman was missing from nearby village of Chandpur. Further investigation reveals that appellant-accused visited house of deceased Anusayabai at about 7:00 p.m. on 20.10.2010. Son Jitendra Sewak Lute, of Anusayabai was then present in the house. The appellant-accused stayed with them over night and on next day, at about 1:00 p.m., both of them left the house. The appellant-accused had come to collect Anusayabai on account of death of grandmother of Jitendra. This Jitendra has been examined as PW 13 and has deposed that 7 to 8 days thereafter, police came to his village to inquire about the missing woman.