ANKUSH VITHAL TEMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 1-3-1993 in Sessions Case No. 325/1992 on the file of the Additional sessions Judge, Pune. Heard Ms. Aruna Kamat for the appellant and Mr. S.R.Borulkar, APP appearing for the respondent-State. The appellant was prosecuted in the trial Court for an offence under section 302 IPC. Brief facts of the case are as follows :- One Baidabai, daughter of PW 1 Babubai is the deceased. She was a married woman but, was living away from her residence and was living with her mother. The appellant was a boarder in the house of PW1 and was taking meals there. During the visits to the house of PW 1 by the appellant, it is alleged that the appellant developed illicit intimacy with the deceased. It is also the prosecution case that the appellant used to assault the deceased on may occasions. According to the prosecution, on the fateful day 26-3-1992, the accused came to the house of PW 1 at about 9 p.m. and called out the deceased Baidabai. When she came out, he assaulted her and forcibly took her in an auto-rickshaw. Then both appellant and the deceased went to Rajhans Lodge at Pune and took a room and stayed there in the night. During midnight at about 0030 hours, the appellant appears to have left the lodge and went away which was seen by the Manager and the room boys. The appellant never returned back to the lodge. It appears that on the morning of 27-3-1992, at about 8 a.m., one of the room boys who was in-charge of that room removed the latch from outside and went inside and found that one woman was lying there and did not answer to the call made by the room boy. Immediately the room boy PW 11 reported the matter to the Manager PW 4 Shyamrao. The Manager came there and found that a lady is lying dead. He immediately, informed the local police in the nearest police station. Then S.I.Shinde PW 12 came to lodge and saw the dead body of the woman lying on the cot in room No.3 and an inquest was prepared on the dead body. a spot panchanama was also prepared. Then a case came to be registered being A.D. case no.24/90. Some witnesses were examined. It appears that on the same day, namely 27-3-1992, at about 11 p.m., the appellant came to be arrested under suspicious circumstances. Then on 28-3-1992 the appellant was transferred to Samarth Police Station where the A.D. case had been registered. S.I. Shinde PW 12 interrogated the appellant. He came to a conclusion that this was a case of murder and himself prepared a suo motu report as per Exhibit 46 and then registered a case for an offence under section 302 IPC. Samples of blood, semen and finger clippings of appellant were taken. His specimen signatures were also taken. In the meanwhile, the dead body was sent for post mortem examination. The sari and underwear of the deceased were seized and sent to C.A. for examination. The police also found empty liquor bottle and a glass in the room which came to be seized. Further investigation was taken over by Police Inspector PW 14 Marutrao. After the usual investigation, a charge sheet was filed alleging that the appellant murdered the said lady Baidabai.

(2.) THE appellant's defence was one of total denial so far as the incident is concerned. However, he admitted that he used to take meals in the house of PW 1 as a boarder.

(3.) BEING aggrieved by the conviction and sentence of the appellant, the appellant has come up with the present appeal.