NAVNATH RAMCHANDRA PANSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 1/1/2022 passed by the learned Additional Sessions Judge, Pune in Sessions Case No.451/2015. The Appellant was convicted for commission of the offences punishable under Sec. 452 and 302 of IPC. The Appellant was sentenced to suffer RI for three years and to pay a fine of Rs.2,000.00 and in default to suffer RI for three months for commission of the offence punishable under Sec. 452 of IPC. He was sentenced to suffer RI for life and to pay a fine of Rs.5,000.00 and in default to suffer RI for three months for the offence punishable under Sec. 302 of IPC. He was also charged with commission of the offences punishable under Ss. 376 and 380 of IPC.. However, he was acquitted from these charges. He was in custody from 28/2/2015 till his conviction. He was granted set-off subject to the provisions of Sec. 433-A of Cr.P.C. The substantive sentences were directed to run concurrently.

(2.) The prosecution case is that the Appellant was residing in the same village as the deceased Seetabai. According to the prosecution case, on 27/2/2015, the Appellant entered the house of the deceased at about 3.30 p.m. and committed her murder by giving blows of knife on her neck and other parts. One of the villagers Dilip Rathwade had seen the Appellant leaving the house of the deceased hurriedly at about 3.30 p.m.. He heard shouts of some ladies at around 4.00 p.m.. One of the ladies approached his house and informed that the deceased was murdered. They asked the Appellant to make phone call to the police patil. Accordingly, the Appellant made a phone call to the police patil and informed him about the murder. The police patil did not trust him. He spoke with PW-2 Dilip Rathwade on the same phone call. Dilip also informed the police patil about the murder of the deceased. The police patil returned to the village, saw the scene of the incident and informed the police. Accordingly, C.R. No.16/2015 was registered at Bhor police station at 6.15 p.m. on 27/2/2015. The Appellant was arrested. The investigation was carried out. The statements of the witnesses were recorded. The spot panchnama was conducted. It is the case of the prosecution that the murder weapon i.e. a knife was recovered at the instance of the Appellant. His clothes were recovered from his house. The articles were sent for chemical analysis. At the end of investigation, the charge-sheet was filed and the case was committed to the Court of Session.

(3.) In support of its case, the prosecution examined eleven witnesses including the police patil, the aforementioned Dilip Rathwade, daughter of the deceased, the panchas, the medical officers and the investigating officers. The defence of the Appellant was of total denial. The learned Judge relied on the theory of the Appellant having been last seen in the house of the deceased shortly before her death, recovery of the weapon and the circumstance that the Appellant did not explain this conduct. Based on these circumstances, the learned Judge convicted and sentenced the Appellant, as mentioned above. Learned Judge did not find any evidence in support of the allegations of commission of offence of rape and, therefore, the Appellant was acquitted from those charges.