GANESH GODRUJI UNIKEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Smt. Smita Deshpande, Adv. (appointed) for the Appellants and Smt. S. S. Wandile, A. P. P. for the respondent-State.

(2.) THIS Criminal appeal is directed against the judgment and order passed by the 2nd Ad-hoc Assistant Sessions Judge, Nagpur dt. 1-10-2002 in Sessions trial No. 31 of 2002 whereby both the appellants were convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life. Both the appellants were also convicted for the offence punishable under section 201 read with section 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for one year and fine of Rs. 500/- each was imposed on them, in default to suffer rigorous imprisonment for three months. 2a. The prosecution case, in the nutshell, is as follows : on 18-5-2001, at about 11. 00 A. M, Yeshwantrao Punyaji Uike (PW 1) (brother of the deceased) lodged report in the Police Station, Narkhed that dead body of his brother Tukaram (deceased) was noticed floating on the water of the tank of village Gowargondi. On the basis of the said report, A. D. was registered and investigation was commenced. Investigating Officer prepared spot panchanama and inquest panchanama in presence of panchas. The dead body was forwarded for post mortem examination. Wife of the deceased Tukaram namely jaiwantabai wd/o. Tukaram Uike (PW 3) lodged report in the Police Station on 26-5-2001, which was reduced into writing, wherein she had alleged that her husband Tukaram used to do the work of illegal distillation of liquor with the appellants and on occasions, used to work continuously for 2 to 3 days without returning home. Fifteen days prior to the incident,appellant Ganesh Uike met the complainant Jaiwantabai (PW 3) and asked her husband deceased Tukaram to accompany him for doing the work of distillation of liquor. Complainant jaiwantabai prevented him from going with appellant Ganesh and also told appellant Ganesh that her husband would not do the work of illegal distillation of liquor. At that time, appellant Ganesh threatened her.

(3.) IT is the case of the prosecution that, on 12-5-2001, complainant jaiwantabai went to attend the marriage of her maternal brother along with her son Shrikrishna. Her daughter and husband Tukaram were in the house. She came back from marriage on 16-5-2001. Deceased Tukaram was not present in the house. She made inquiry with her child and came to know that her husband did not come back home since last Tuesday. She made efforts to trace him. However, her efforts did not yield any fruits. On 18-5-2001, at about 11. 00 A. M. , she was in her own house. Mahadeo s/o. Laxman Uike (PW 4) came to her house and informed her that dead body of her husband Tukaram was floating on the water of the tank. She went along with brother of her deceased husband and saw that dead body of her husband was floating on the water of the tank. She identified the dead body as that of her husband.