PANDHARINATH BHIKAJI VINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE Judgment and order dated 2-3-1994, passed in Sessions Case No. 199 of 1993, the 3rd Additional Sessions Judge, Thane convicted and sentenced the appellants in the manner stated hereinafter:-

(2.) THE prosecution case in brief is that Kalpana P. W. 1 is the wife of the deceased Ashok Motiram Bari. At the time of the incident, she along with her husband Ashok and her children was residing in Gungwada. On 1-9-1992, Ashok was at home since morning. At about 5 p. m. there was immersion of Lord Ganpati in the village, including Ganpati idol of Atmaram Damu Bari, maternal brother of Ashok. In the procession, Kalpana along with Ashok had gone to the seashore. However, they did not go to the place of immersion as they were in a hurry to return home. Hence, they started walking back. At about 6 p. m. while they were on the way to their home, and had reached near the shop of Ajit Tandel behind Ambamata temple the appellants met them. Appellant Pandharinath asked her to proceed further. He asked Ashok to enquire into the frequent failure of electricity in the village. Ashok replied that he would look into the matter after Ganpati festival was over. While the conversation between Pandharinath and Ashok was going on, Kalpana was standing at a distance of 5 to 6 foot-steps. She saw in the meantime, that appellant Pandharinath caught hold of her husband from the backside and pressed his mouth and appellant Narendra assaulted him with a knife on his chest, stomach, nose and other parts of his body. As a consequence of the assault by Narendra, Ashok sustained bleeding injuries. Understandably, Kalpana rushed to him and started embracing him. On that point of time, the appellant Narendra threatened to assault her with a knife and also kill her in case she disclosed their names to the police. Kalpana started raising cries whereupon her maternal aunt Shantabai, Chhaya daughter of maternal uncle and son of her maternal uncle Ravindra Mansoor who, lived nearby came. Thinking that Ashok might still be alive, they lifted him and brought him to his house. Then, Kalpanas maternal uncle Pandurang Khari Bari P. W. 7 and his son Jagdish took the deceased on a motor-cycle to Dahanu Khadi where Kalpanas parents-in-law were residing. Her mother-in-law came with the jeep and in the way met them and on the same, Ashok was put and thereafter taken to Dahanu Khadi. In Dahanu Khadi, at the house of the in-laws of Kalpana, Doctor Desale P. W. 2 of the same village, on receiving information through one Prakash Bari, came and medically examined Ashok. At that time, he found him to be dead. Immediately after the incident, Kalpana informed her maternal uncle Pandurang Bari that the two appellants had assaulted her husband Ashok and asked him to lodge the F. I. R. Information was sent by Pandurang to Vangaon Police Station at about 10 p. m. through Vasudev Bari, Bhagwan Bari along with jeep owner Ganesh Narayan Hambire. On the information given by Hambire, an entry Exhibit 48 was made in the Station Diary that Ashok had been murdered and that his wife would give her complaint. At about 1. 30 a. m. the Police arrived at the house of Kalpanas in-laws in Dahanu Khadi. There, at 2 a. m. Kalpana lodged her F. I. R. which was recorded by P. W. 20 P. S. I. Hanumant Khamkar.

(3.) THE investigation of the case was conducted by P. S. I. Khamkar. On 2-9-1992, in the morning time, he prepared the inquest panchanama. Thereafter, along with the complainant Kalpana, he went to the place of the incident and prepared the spot panchanama Exhibit 25. He then, recorded statements of eight witnesses. He took into possession the blood-stained sari and blouse of complainant Kalpana under a panchanama Exhibit. 17. He, thereafter, started searching for the accused persons. The same day, i. e. 2-9-1992, he arrested the appellant Pandharinath and took into possession one kafani and brown full pant which he was wearing at the time of the incident under a panchanama Exhibit 39. The kafani was stained with blood. On 3-9-1992, he recorded statement of some witnesses. Same day, he arrested the appellant Narendra. On 7-9-1992, the appellant Narendra showed his willingness to get the weapon of assault and clothes recovered. Consequently, the public panchas P. W. 17 Jitendra and P. W. 18 Vasudeo Pagdhare were called. Thereafter, on a jeep along with the panchas, police personnel and the appellant, they proceeded towards the rest house of village Tadiyal. When they reached Bhimacha Dagad, the appellant Narendra asked that the jeep be stopped. After walking for about 8 to 10 minutes, they reached a place where some stones were scattered. The appellant Narendra lifted one of those stones and from beneath it, took out a full pant and a knife. There were blood stains on the knife. After recovery, the articles were sealed. The articles recovered during investigation were sent to the Chemical Analyst. After completing the investigation, a charge-sheet was submitted against the appellants.