DADA TUKARAM MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises from the order of conviction and sentence passed by the learned IInd Addl. Sessions Judge at Baramati on4-10-2002 and by the said order the appellant accused came to be convicted for an offence punishable under Section302 of C. P. C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine the accused shall suffer further RI for six months. The accused was in pre-trial detention from 9-12-2000 and, therefore, he was entitled to set off under Section428 of Cr. P. C.

(2.) AS per the prosecution the accused, a resident of Chakati was married to Savitribai. They were a joint family along with children. On 9-12-2000 at about3. 15 p. m. Rambhau Bapurao Mankad (PW-1) was loading manure in the cart and at that time Dattu Anna Ohodke approached him and told him that the accused had closed the door of his house by putting a latch from inside and the villagers were discussing that the accused had committed murder of his wife Savitribai. Rambhau and Dattu, therefore, proceeded towards the house of the accused and noticed that it was closed from inside. They gave a call to the accused but there was no response. Ramchandra therefore, Went to the house of Dnyaneshwar Narayan Fadatare and from there a telephonic call was given to the outpost at Bawada and the police were informed that the accused and his wife were inside the house and that he was not opening the inner latch. AS per the advice of the police Rambhau again came to the house of the accused and gave a call but there was no response. However, without opening the door the accused is claimed to have stated that he has committed the murder of his wife Savitribai. On this information Rambhau pleaded with the accused to open the door but in vain and, therefore, Rambhau proceeded towards the house of Dnyaneshwar at about4 p. m. to inform the police for the second time. The Head Constable Bhanudas Khandagale -PW-10 at outpost Bawada received the telephonic message and along with police Constable Dhanaji Omase reached Chakati village at about4. 50 p. m. on his motorbike. The distance between Chakati Village and outpost Bawada is about15 Kms. The police along with Rambhau and 25-30 villagers went to the house of the accused and gave a call to him and informed about their arrival. The accused slightly opened the door and on noticing that the police have arrived he opened the door and came out with a sickle in his hand which was blood stained. The police directed him to drop the koyta (sickle) from his hand and PW-10 Khandagale and PW-11 Omase immediately took the accused in custody on the spot. Thereafter they entered the house and saw that Savitribai was lying dead in a pool of blood. The police personnel claim that on enquiries with the accused he reportedly stated that on account of quarrel with his wife-Savitribai he had committed her murder by inflicting multiple blows with sickle on her head and neck. PW-10 and PW-11 with Rambhau Markad PW-1 took the accused to outpost Bawada and a complaint (Exh. 22) at the behest of PW-1, was lodged against the accused. Arrest panchanama of the accused was drawn and again the police party came to village Chakati at about6.30. PW-21 Pandurang Waghmode also reached village Chakati and took over the investigation from PW-10. He visited the scene of offence on9-12-2000 and prepared the inquest panchanama of the dead body of Savitribai between 6. 30 to 7. 30 p. m. in the presence of panchas Mohan Markad and Mrs. Tai Sarjerao Chodke. The dead body was forwarded though constable Shinde for post-mortem to the Medical Officer Dr. Eknath Chandanshive PW-12 at the Rural Hospital at Indapur. Autopsy was conducted on10-12-2000 between 11. 30 a. m. to 11. 45 a. m. Sickle as well as the clothes on the person of the accused which were seized by a panchanama were forwarded for chemical analysis and CA reports were received at Exhibits 54, 55 and 56. On completion of investigation charge-sheet was filed. Charge was framed on26-11-2001 by the learned 2nd Addl. Sessions Judge at Baramati against the accused.

(3.) ON the other hand PW-10 stated that he was the Head Constable at outpost Bawade under the Police Station, Indapur on9-12-2000 and while in the said police station at about3. 50 p. m. he received a telephonic call from Rambhau Mankad who informed him that the accused and Savitribai were in their house. He told Rambhau that the husband and wife being in the house is not objectionable and, therefore, Rambhau was advised to ascertain the factual position once again and communicate on telephone. Accordingly at about4 p. m. Rambhau phoned him from Chakati and informed that the accused had committed murder of his wife Savitribai in his house and he was not opening the door of his house which was chained from the Inner side. Rambhau also informed him that on account of some quarrels between the husband and wife at about3 p. m. the accused had committed the murder of his wife. The witness, therefore gave message to the FSI Indapur at about4. 05 p. m. and along with PC Omase went to Chakati village and he reached there at about4. 30 p. m. Rambhau met him at the village, collected about25 persons from the village and all of them proceeded to the house of the accused, gave him a call from outside informing him that the police had come and he was required to open the door but the accused did not open the door. Instead he opened the door slightly just to see whether the police had really come and after noticing the police party, he opened the door and came out with a sickle in his hands. Witness, therefore, shouted at the accused and asked him to drop the sickle which he did and immediately with the help of PC Omase -PW-11 the accused was taken in custody and information on phone was passed on the police station, Indapur that the accused had committed murder of his wife Savitribai and he was taken in custody on the spot. The witness further stated that he saw the dead body of Savitribai lying inside the house and she had sustained bleeding injuries on the neck and head. The sickle had blood stains and, therefore he directed PC Omase PW-11 to remain on the spot while he along with Rambhau Mankad and accused went to the outpost Bawada. He proved the complaint at Exhibit 22 which was written down as per the information given by Rambhau-PW-1 and he stated that portion marked A to B in the said complaint was true and correct as per the narrations given by Rambhau himself. He also proved the occurrence report at Exhibit 25 and stated that he had forwarded the same through Police Constable Kokare to PSI Indapur for registration of crime. By the time he returned to village Chakati he found that PSI Waghmode PW-21 had already reached there and, therefore the investigation was handed over to PW-21. PW-21 prepared the inquest panchanama and in the meanwhile Deputy S. P. also visited the spot. PW-10 and PW-21 proceeded to outpost Bawada and produced the accused before PSI along with sickle. He confirmed his report at Exhibit 24 and also article No. 3 sickle which was in the hand of the accused when he had opened the door of his house on command. Certain omissions were brought out by the defence during the cross-examination of this witness and more particularly regarding the information Rambhau had given him on phone regarding the quarrels between the accused and his wife and on account of that accused had committed murder of Savitribai. He reached Bawada outpost along with the accused between 5 to 5. 15 p. m. and after recording the complaint of Rambhau he had reached village Chakati second time. From the house of Dnyaneshwar Fadatare he had informed the police station at Indapur on phone that the accused had committed murder of his wife Savitribai and the house of Fadtare was at a distance of 1 Km. from the house of the accused. While going to the house of Fadatare custody of the accused was given to PC Omase. He denied a specific suggestion that the sickle was not in the hand of the accused when he opened the door of his house and that the accused was not caught on the spot. The evidence of PW-10 has been supported by the depositions of PW-11 Dhanaji Omase who was also a police constable attached to the outpost Bawada under the Indapur police station. He clearly stated in his examination-in-chief that on9-12-2000 while he was on duty along with PW-10 in the afternoon there was a telephonic call from Rambhau Mankad giving him a message that the accused and his wife were inside the house and the accused was not opening the door of his house. He had handed over the telephone to PW-10 who talked to Rambhau. PW-10 informed Rambhau that accused and Savitribai were husband and wife and there was nothing objectionable. Rambhau went on insisting to visit the spot and thereafter he along with PW-10 went on motorcycle to village Chakati and reached there at about4. 30 p. m. Rambhau met them in the village. All the three along with some villagers proceeded towards the house of the accused. Front door of the house was closed. PW-10 gave a call to the accused to open the door but after sometime he slightly opened the door and saw so as to peep through and when he noticed that the police party was present, he opened the door and came out with a sickle in his hand. PW-10 shouted at him and directed the accused to drop the sickle which he did and the sickle was lying on the ground. The accused was taken in custody by both of them and thereafter they entered the house of the accused and saw the dead body of Savitribai lying in a pool of blood. She had sustained bleeding injuries on the neck and he was directed to remain present on the spot by PW-10 who proceeded to Bawada outpost along with Rambhau and the accused. In his cross-examination he stated that after recording the complaint of Rambhau Mankad at Bawada, PW-10 returned to the spot and at about5. 30 p. m. or so PSI Waghmode had reached the spot. He also stated that the clothes on the person of the accused were stained with blood. He denied the suggestion that due to village politics he was giving false depositions. He also denied the suggestion that there were no blood stains on the clothes of the accused. The testimony of these two witnesses was also supported by the evidence of PW-21 Waghmode, the Investigating Officer. PW-21 further stated that on his visiting the scene of offence on10-12-2000 he had noticed blood stains on the floor and collected soil stained with blood, a mangalsutra was lying on the spot with match box of Bristol company and an empty small bag with blood stains. All these articles were seized. He also stated that panchanama at Exhibit 40 was signed by both the panchas. ON 10-12-2000 PC Shinde had produced saree, petticoat, blouse of the deceased with blood stains in the police station. Pieces of bangles and two pairs of jodve with blood stains were also seized. All these articles were sent to CA on26-12-2000. He confirmed the office copy of the letter forwarding these articles to CA (Exh. 53 ). He further stated that photographer from Akshay photo studio had visited the spot and taken seven photographs in his presence. CA reports were received at Exhibits 54 to 56. PW-3 Mohan Markad after he was declared hostile, the APP had subjected him to cross-examination and he admitted that he was sarpanch of the village for five. years, had studied up to 7th standard and could read and write in Marathi. He admitted his presence on the spot and that in the photograph at Article A he was seen near the dead body of Savitribai and along with the I. O. He also admitted that he was not in the habit of signing papers without reading their contents nor was he threatened by the police for signing any panchanama. The evidence of this witness PW-3 was one more incidence of corroboration of the evidence of PW-10 and PW-11 regarding the incident and that Savitribai was lying dead in her house.