SHANKAR MAROTI GAVANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant and six others were tried for the offence punishable under section 302 read with section 34 of the Indian Penal Code (in short "the ("ipc" ). In addition, appellant was tried for having committed offence punishable under section 201 of the IPC. By the order dated-22nd March, 2000, 3rd Additional Sessions Judge, Nanded, acquitted accused nos. 2 to 7 of the offence punishable under section 302 read with section 34 of the IPC. He also acquitted the appellant of the offence punishable under section 201 of the IPC, but found that the appellant has committed murder of deceased Sahebrao Tekale of village Dabhad. He, thus, convicted the appellant of the offence punishable under section 302 of the IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/ -. This order of conviction and sentence is impugned in the present appeal.

(2.) Kisanrao (PW-16), Venkat (PW-12), Kantrao and Sahebrao (since deceased) are sons and kalawati and Jijabai are daughters of Anjanabai Bapurao Tekale (PW-13 ). Sumanbai (PW-14) is widow of Sahebrao. Kalawati is married to Balwantrao Jethanrao Karhale (PW-15) of Girgao, which is at a distance of 15 kilometers from Dabhad. Dashrath Raghunath Dadajwar (accused no.4), Ramji (accused no.5) and Balaji (accused no.6) are brothers, Venkati (accused no.7) is son of accused no.5 and Ramchandra KISANRAO Dabhadkar (accused no.3) is nephew of accused nos. 4, 5 and 6. PW-16 is serving as Post Master at village Dabhad, Taluqa & District Nanded. Accused No. 7 was serving in the Post Office at Dabhad as a runner. Some of the beneficiaries under Sanjay Gandhi Niradhar Yojana, made complaints against accused no.7, that he misappropriated amount of money orders to be paid to them under this Scheme. Their cause was taken up by the deceased who was worker of Shetkari Sanghatna. As a result, report regarding misappropriation was forwarded to higher authorities by PW-16. On the basis of this report, accused no.7 was removed from service. He, therefore, nurtured grudge against the deceased. In addition, there was a dispute between family of accused nos. 4, 5 and 6 and the family of the deceased regarding field Block No. 280 having area of 5-H, 7-R. valued at rupees five crores, which is the property of Dattatraya Sansthan Trust. Founder of the Trust, Mahant Uttam Giri died on22.10.1987; accused no.3 allegedly prepared a forged agreement of sale of the said land with an intention to usurp the property. Members of the family of the deceased were claiming that the said property was gifted to the Trust by their ancestor and should revert to them as the founder had no successor.

(3.) The appellant had abandoned auto-rickshaw in front of Bhokar Bus Stand. Sakharam Laxman Shinde (PW-11) is owner of this vehicle bearing registration No. MCB/2250. As he is physically handicapped, he had given the vehicle to the appellant for plying on the rent of Rs. 40/- per day. On receiving information that the vehicle is abandoned at the Bus Stand with broken wind screen, PW-11 went there, brought the vehicle to his house and washed it with water. However, a blood spot remained on the yellow portion of the vehicle. Scrapings from this spot were collected when the vehicle was attached by the Investigating Officer, under seizure memo (Exh. 64), in presence of Gulam Dastagir (PW-6) on22nd March, 1989. On 25th March, 1989 the appellant came to he arrested. Shirt and pant on his person were soiled with blood. THEse clothes were attached under seizure memo (Exh. 70) in presence of Abdul Gaffar (PW-8 ). On 29th March, 1989, appellant made confessional statement and produced axe concealed near the heap of stones in the field of his friend Shankar Chavan (accused No. 2 ). THE weapon was attached under seizure memo (Exh. 66 ). After producing the weapon, the appellant confessed that he had concealed the weapon under the driver's seat of the rickshaw and gave a domonstration. Panchnama (Exh. 68) of this proceeding was prepared. On 3rd March, 1989, appellant again made a confessional statement and pointed out a pit by the side of Maslegaon-Girgao road, where the offence was committed. Memorandum of the confessional statement and discovery Panchnama (Exhs. 148 and 149) of this proceeding were prepared by the Investigating Officer. Articles attached during the investigation were sent to the Forensic Laboratory. C. A. reports (Exhs. 155 and 156) disclosed that clothes of the deceased and the appellant were stained with human blood. Blood of the appellant is of 'a' group and that there was no blood on the axe.