STATE OF MAHARASHTRA Vs. MAHESH JANARDHAN GONNADE

JUDGEMENT

(1.) A serious incident of desperate attack on husband - Sanjay, his wife namely- Sunita and her mother - Nirmalabai, took place on 28th March 1988 at village Paoni, District : Bhandara at about 6.00 p.m. Husband - Sanjay was attacked by a gun, deceased Sunita and her mother Nirmalabai were attacked by knife. Prosecution alleged that, it was the respondent who had caused this desperate attack. In the trial, bearing Sessions Trial No.44/1988 Additional Sessions Judge, Bhandara acquitted the respondent by judgment dated 25.1.1990, of the charges levelled against the respondent for the offences punishable under section 302, 307, 324 of the Indian Penal Code and section 3/25 and 27 of the Arms Act. The appellant - State challenges the said judgment of acquittal.

(2.) Prosecution case in brief is that - the respondent and deceased - Sunita had love affair in their school time at Paoni. However, later on, their marriage did not take place as she married with Sanjay - P.W. 8. It is alleged that before the said marriage, respondent had met with Sanjay and told him about his love with deceased Sunita. It is also alleged that he threatened P.W. - Sanjay not to marry with her. P.W.8 Sanjay took the respondent to his brother - P.W. 7 Manik. It is further alleged that P.W.-8 Sanjay, told respondent that as the 'Sakshagandha' Ceremony had taken place, he was going to marry with deceased Sunita. It is further alleged that respondent had told P.W.7 Manik not to perform marriage of P.W.8 Sanjay with deceased Sunita. He also threatened of dire consequences, if the marriage takes place. Thereafter, the marriage between the deceased Sunita and P.W. 8- Sanjay took place on 12.2.1988 at Nagpur. P.W.-8 Sanjay was residing at Nagpur. On the day prior to the incident, P.W. 8- Sanjay and his wife - deceased Sunita had come to Paoni for extending invitation for the marriage of his niece to his mother-in-law Nirmalabai [since deceased]. P.W.8 Sanjay had stayed with his mother-in-law. On the date of incident at about 3.00 p.m., P.W. 4 - Archana - niece of deceased Sunita had been to the house of P.W. 6 Sadashio - grandfather of deceased - Sunita. Then Nirmala, Deceased -Sunita, P.W.4 Archana, P.W. 16 Rupesh her nephew, P.W.8 Sanjay went towards the bridge of Vainganga river for a walk. Thereafter, at about 6.00 p.m. they started returning to the house. It is alleged that at about 5.30 - 5.45 p.m. respondent along with his friend P.W.5- Rajesh were going on motorcycle towards Vainganga river bridge. At that time on seeing these P.W.s respondent told P.W. 5 Rajesh .SALI SUNITA YEVDHA PREM ASUN AAJ EKDA SUDHA MAZYAKADE PAHILE NAHI.. It is alleged that on that day accused - Mahesh had kept a gun and a bag with P.W. 2 Laxmibai. On enquiry, he told P.W. 2 Laxmibai and her Neighbour P.W.3 Bilkish Begum that, he was to go for hunting. Thereafter, accused/ respondent along with P.W. 5 Rajesh returned & they went to their house. However, respondent returned back with a gun and he fired one shot from backside of P.W.- Sanjay. Sanjay suffered injury, he fell down and shouted .ARE BAPRE.. Thereafter, deceased Sunita and Nirmalabai held P.W. Sanjay. At that time respondent came and assaulted deceased Sunita with knife. She suffered several injuries. She was tried to be saved by Nirmalabai. However, respondent gave knife blows to her also. Thereafter, respondent left that place. P.W. 1 Prakash, on hearing shouts came there, he allegedly noticed respondent with a gun and knife in his hands. Later on P.W. 1 Prakash took Sanjay, then injured Sunita and Nirmalabai to the Hospital in Rickshaws. They were admitted there. All this had happened between 6.00 to 7.00 p.m. At about 7.15 p.m. (deceased) Sunita expired. Medical Officer - P.W. 10 Fegadkar then sent memo to the Police Station, Paoni regarding admission of these persons. P.W.8 Sanjay and Nirmalabai were transferred to Medical College, Nagpur at about 7.45 p.m. On the same day. P.W. 1 Prakash lodged report to Paoni Police Station orally at about 7.30 p.m. It was reduced in writing. The said report being at Exhibit 28. First Information Report being at Exhibit 29. The offence under section 302, 307, of the I.P.C. was registered bearing crime no.34/1988 by P.W. 18 P.S.I. Dhimole. He started investigation by trying to get the dying declarations recorded, which he could not; as at that time Executive Magistrate was not immediately available. He conducted inquest on the dead body of deceased Sunita and did certain things in the investigation. He arrested respondent at about 7.30 p.m. on the same day. It is alleged that respondent made memorandum statement to discover gun and knife which was kept at his house in presence of Panchas namely P.W. 9 Vithoba Khobragade who incidentally is a Legal Practitioner and P.W. 13 - Harihar Barsagade. They were also present at the time of arrest of the respondent. During the investigation, postmortem on the dead body of the deceased Sunita was conducted by P.W. 10 Dr. Fegadkar, his relevant report is at Exhibit 62. The relevant injury certificates of deceased Sunita, P.W. Sanjay and Nirmalabai -are at Exhibit 54, 55 and 56. There was seizure of gun and knife also as per Exhibit 43. In Medical College Hospital at Nagpur the pellets from the person of the P.W.8 Sanjay were recovered. It is necessary to mention that P.W. 18 - P.I. Dhimole had also taken sample of nails of the respondent during the investigation in presence of the Panchas, the same were sent to Chemical Analyser for report. Chemical Analyser's report is at Exhibit 99 to 102. Report of Ballistic Expert is at Exhibit 101. After due investigation P.S.I. Dhimole submitted charge sheet in the court of Chief Judicial Magistrate, Bhandara.

(3.) Learned Chief Judicial Magistrate committed this case to the court of Sessions, Bhandara as the offences were exclusively triable by the court of sessions.