KISANBABA DEOBABA GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is convicted of the offence punishable under section 302 of the Indian Penal Code (in short "ipc) ". He is sentenced to suffer imprisonment for life and to pay fine of Rs. l,000/- in default, to suffer S. I. for six months, by Ad-hoc Additional Sessions Judge, Nanded. Appellant has impugned this order of conviction and sentence in the present appeal.

(2.) Appellant came to village Bhokar in the month of January, 2003 and started living in a thatched hut on the hillock near Samatanagar. He started collecting donations for constructing temple of goddess on the hillock and was charging fees to the villagers who were approaching him for herbal treatment. Soon he came to be regarded as "kisan Maharaj". Inhabitants of Samatanagar, which is at the foot of the hillock, were offering their services to the appellant. However, when the appellant developed illicit intimacy with Anjanabai who was a married woman, inhabitants of Samatanagar were displeased. The appellant, then, left the village for some period. On his return, he started living with anjanabai and used to lock her in the hut whenever he left the house. Some of the inhabitants took disadvantage of the predicament of the appellant and were blackmailing him. On 3rd September, 2003, Anjanabai broke the wall of the thatched hut and ran away. On 4th September, 2003, Madhavrao (PW 3) was returning to his house, his wife Adelubai, sister Laxmibai (PW 6) , her son poshatti (since deceased) , Namdeo and Uttam at about 8. 00 p. m. While they were passing from Shivaji square, appellant called the deceased and took him to hotel near Bus Stand. One of his patients Hanmant Hamberde approached the appellant for medicine. Mason - SK. Lal also came there. Four of them took meals. Afterwards, appellant and the deceased went towards the hill. At midnight on that day, Rajabai (PW 2) and other inhabitants of Samatanagar heard noise of laughing, weeping and beating from the hut of the appellant, but nobody went there. On the next morning, wearing blood stained clothes, appellant approached sumanbai (PW4) for making enquiries about Anjanabai and told her that he has committed murder. On getting the news PW 3 and PW 6 went to the hillock. They found dead body of Poshatti near the hut of the appellant. PW 3 lodged complaint with Bhokar Police that his nephew was killed by the appellant, to ensure that the deceased does not disclose his illicit relations with Anjanabai to the villagers. On the basis of this report (Exh. 20) , offence was registered against the appellant and investigation was taken over by PSI Udhav Ingole (PW 9). The investigating Officer held inquest on the dead body. The deceased had sustained several injuries and was sporting twelve jingling bells around his waist. It was found that the murder was committed inside the hut. There was a stone on the cot. Blood was found on the floor and on the plastic sheets covering thatched walls. Marks of dragging were seen from the hut till the place where dead body was lying outside the compound. Carpet, plastic sheets and stainless steel glass, covered with blood, stone, blood-stained soil and control soil were attached under Panchnama of the scene of occurrence (Exh. 14). Dr. Pawade performed post-mortem and prepared report (Exh. 24) certifying that the deceased died due to head injury. During the course of investigation, appellant was arrested on 5th september, 2003. Blood-stained clothes on his person were attached under panchnama (Exh. 28-A). On 9th appellant made a confessional statement in presence of Laxman Nakkalwad (PW 1). Knife and pinch buried near the compound of the hut produced by the appellant were attached under memorandum panchnama (Exh. 16). Report of the Forensic Laboratory (Exh. 24) disclosed that blood of the deceased was detected on the carpet, plastic sheets, metallic glass and Kafni and shawl of the appellant. Human blood was found on the knife and pinch (chuta). On completion of the investigation charge-sheet was filed against the appellant.

(3.) In his examination conducted under section 313 of the Criminal procedure Code, appellant mentioned that there was blood in his clothes because he had sustained injury on his palm during a fight with Anjanabai who fled from the hut on that day and claimed that he has been falsely implicated.