NAMDEV BHAU GARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the accused appellant challenges his conviction and sentence under Sections 394 and 302 of the Indian Penal Code. He has been convicted and sentenced to suffer life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for 10 years for the offence punishable under Section 394 of the Indian Penal Code. Both these sentences are to run concurrently. The accused has been acquitted for the offence punishable under Section 201 of the Indian Penal Code.

(2.) The prosecution has alleged that on 14.5.2001 at 11.00 a.m., the accused robbed the victim Manjulabai of her gold ornaments worth Rs.15,000/- by assaulting her. This assault led to Manjulabai's death. According to the prosecution, the incident occurred in a forest when Manjulabai was returning home after attending the prenuptial ceremonies of the son of Kashinath at village Suryamal. According to the prosecution, the accused appellant who was also present at Kashinath's house to participate in the ceremonies left Kashinath's house together with Manjulabai at around 10.00 a.m. Manjulabai did not return home that night. Her family thought that she had spent the night at Kashinath's house at village Suryamal. When she did not return the next morning, her husband and son looked for her. Rohidas, her son, found her body in a ditch in the forest and then lodged a police complaint. The accused was arrested and chargesheeted under Sections 394, 302 and 201 of the Indian Penal Code. His trial was committed to Sessions. The III Ad-hoc Additional Sessions Judge, Thane has convicted the accused.

(3.) Eleven witnesses have been examined by the prosecution in support of its case. PW-1 is the eye witness to the incident. He has stated that on 14.5.2001 he had taken his goats to graze in the Balsunda jungle. At about 11.30 a.m. while he was in the jungle, he heard a lady shout. According to this witness, he saw the accused had caught hold of the woman. There was a scuffle between them. The accused then picked up a stone and beat the woman with it near the ear and on the jaw. He then dragged the woman towards the valley. The witness states that he returned to his village and told several people but no one believed him. The witness recognised the accused since he had a grocery shop in the village. In the cross-examination, this witness has stated that his statement was recorded 3 to 4 days after the incident and the police recorded his statements about 2 or 3 times. The last statement was recorded on 11.8.2001. He has described the spot where the incident occurred. He has also admitted that he was frightened when he saw the incident. According to this witness, he saw the incident from the distance of about 300 ft. and there were about 10 to 15 mango trees between him and the spot of the incident. Although he had reported the incident to his mother Yamunabai, nobody believed him. This witness has mentioned that the victim was dressed in a blue nine yards saree.