BABURAO DAGDU MONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is original accused No. 2. He with Kisan Gangaram Kamble (original accused), since acquitted, were put on a joint trial. The charge against accused No. 1 was of committing the murder Jaytu s/o Rahgu by inflicting a fatal below by an axe on his head on 20th September, 1973 at 5 p.m. in the village Adsare-Khurd. The accused No. 2, Police Patil of the village, was charged under section 201 of the Indian Penal Code for having caused the disappearance of the dead body of Jaytu with the intention of screening the offender, viz. accused No. 1, from legal punishment. Accused No. 1 was acquitted, accused No. 2 came to be convicted by the learned Sessions Judge, Nasik, who awarded him R.I. for one year. It is against this order he came in appeal.

(2.) A few facts leading to the tragic death of Jaytu and the manner in which the Police Patil (accused No. 2) came to be hauled up in this murder along with the alleged assailant Kisan Gangaram, could be briefly stated thus: The deceased Jaytu was a fisherman by profession who used to take out his livelihood by catching fish in the river flowing near the outskirts of this village. On 20th September, 1973, the fateful day, Jaytu spread his net in the river for catching the fish, came home and when he again returned to the river, found the net missing. He, therefore, went home, took his meals and set out on inquiries about the missing net at the village. It seems that he began to abuse the villagers in general for having committed the theft of his net. In front of the house of one Ananda Kouthe (P.W. 9) there was some exchange of words between the deceased Jaytu and accused No. 1 Kisan Gangaram. According to the prosecution, Kisan snatched the axe from the hands of Jaytu, administered a blow on his head as a result of which Jaytu fell down on the ota of Ananda in an unconscious State. One Diya informed the family members of the deceased that accused No. 1 assaulted Jaytu with an axe, and he was lying unconscious on the Ota of Ananda. Thereupon Raghu (P.W. 2), the father; Rama (P.W. 3), the elder brother; and Ranga (P.W. 4), the maternal uncle of Jaytu, visited the spot and found Jaytu lying there in an unconscious state. Ranga went to the Police Patil (accused No. 2) and informed him of the incident, but he refused to go to the spot. According to the prosecution the assault was actually witnessed by Ananda Kouthe (P.W. 9); Laxman Sutar (P.W. 10); Trimbak (P.W. 11); Bhau (P.W. 12); Murlidar (P.W. 13) and one Rama Mahar. All those eye-witnesses later on turned hostile in the course of trial. Gangaram, the father of accused No. 1, who happened to come there, persuaded the relatives of Jaytu to remove him to his house, and promised to offer Rs. 20/- and one pavali of Bajari to meet the expenses of his treatment. Jaytu was taken home, but does not seem to have been given any medical aid with the result that he succumbed to the injuries on 23-9-1973.

(3.) Accused No. 2 was again informed of the death of Jaytu, but he advised the relatives of the deceased to bury the death body in his field near the river. Accused No. 2 recorded the statement of Raghu, the father; Rama the elder brother; Ranga, the maternal uncle; and Bandi, the mother of the deceased Jaytu to the effect that Jaytu, while he was at the river, suffered a heavy fall on the rock and sustained a head injury and they had no accusations to make against any one. The dead body of Jaytu was buried in the field of accused No. 2 on the same day. Accused No. 2 assured the relatives that he would convey the necessary information to the Police Station. There was a lull for about 5-6 days. An anoymous application (Ex. 7) was received at the Police Station, Ghoti that a poor fisherman was done to death in broad day light and the incident was witnessed by Ananda Kouthe, Laxman Sutar and others. It was further alleged that though the Police Patil was in the village and was apprised of this occurrence, he attempted to hush up the matter. On receipt of this application Head Constable Ghate visited the village, recorded the statements of the relatives of Jaytu and went to the spot where the dead body was buried. When he made inquiries with accused No. 2, he produced the recorded statements of the four relatives of Jaytu.