TULSIDAS PRAKASHDEO BENGALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against the Judgment and order of conviction dated 30-4-1994, passed by the Additional Sessions Judge, Nasik in Sessions Case No.16 of 1994, thereunder convicting the appellant for the offence under section 302 IPC and sentencing him to suffer RI for life and to pay a fine of Rs.2000.00 in default to suffer further RI for six months.

(2.) THE facts leading to the trial of the appellant before the Additional Sessions Judge, Nasik can be briefly stated as under:-

(3.) A month thereafter, the appellant came to the house of PW 2 Mangala in a drunken condition, at about 12 noon and asked Mangala to accompany him but the latter refused and there upon the appellant pressed her throat. Again on Monday, thereafter, after a week, Mangala had gone to attend her duties in Market yard with her sister who was staying in Phulenagar. She returned to her father's house on Tuesday 23-11-1993, at about 11 a.m. She found the appellant sleeping in the house. On that day, at about 3 p.m. the appellant again went to drink liquor and came at about 4 p.m. and asked Mangala to accompany him to see picture, which she refused. The appellant waited there till 5 p.m. and then, on the pretext that he would purchase chocolate for Sunita, took her away. Then, father, mother and brother of Mangala were present in the house along with her. When the appellant did not return by 5.15 p.m. all of them suspected some foul play and went in search of the appellant in the vicinity. They went to the house of sister of PW 2 Mangala in Phule Nagar but, the appellant had not come there. Then in a taxi, they came to Dhabe where the appellant was working. There also they learnt that the appellant had not come to Dhaba where the appellant was working. There also, they learnt that the appellant had not come there. Therefrom, all of them went to the house of Hari at Vasantdada nagar where the appellant was found sleeping in front of the oata and was under the influence of liquor. His father-in-law and mother-in-law were also present in the house but, Sunita was not found with the appellant in the house. When enquired about Sunita, the appellant avoided to say anything. The appellant was therefore brought to Dhaba where he was working. At that time, two policemen including PW 11 Kisan Dhumane, Head constable of Panchvati Nasik police station came there on a motor cycle for patrolling duty. On seeing the crowd, the police men came there and learnt from PW 2 Mangala that her daughter Sunita was brought by the appellant and the appellant was not ready to disclose her whereabouts. Then in presence of the policemen the appellant is alleged to have told that he threw Sunita in the well and thus killed Sunita.