ABDUL MAJID CHIRKUT ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused against the order of the learned Additional Sessions Judge, Thane (Shri R.A. Gadekar), convicting him under Sections 360, 302 and 201 I.P.C. and sentencing him concurrently to 5 years R.I. and life imprisonment on the first two counts respectively. No separate sentence is passed under Section 201 I.P.C.

(2.) At the material time the appellant was working as a coolie in a transport concern at Thane known as Delhi-U.P. Transport. Its office was located in a garage near Golden Dyes Company. The victim of murder was one Kanta, about 16, daughter of Complainant Nathu Alat. This Nathu used to reside in a hut in Hardas Nagar along with his family, that is, his wife Sarubai, Kanta and 4 other children. The prosecution case is that at about 5 p.m. on 6th May 1983, the appellant who was carrying on an affair with the girl, kidnapped her from the lawful guardianship of her father Nathu and brought her to the room of one Maruti Birajdar P.W. 13 This Maruti also worked as a Clerk in the same Transport concern. It is the case of the prosecution that the appellant had previously arranged with him that he (appellant) would stay in his room with the girl for Bome time. The appellant and the deceased moved to another place belonging to one Raghubar Pal P.W. 9 and they stayed there together in a separate room till 23rd May 1983. The prosecution allege that on that night around 11 the appellant left the place along with the deceased, falsely representing to Jaipatidevi P.W. 10 wife of Raghubar Pal-that the mother of the deceased had expired at his native place in U.P. and that they both were going there. This was the last occasion when the deceased was seen alive and in the company of the appellant.

(3.) The prosecution alleged that the appellant took the deceased to a bridge called Kapurbaudi Bridge, situatated within the limits of Thane Municipal Corporation. There he is alleged to have committed her murder. Thereafter he removed her dead body on the same night to a place near Atgaon Railway Station and burnt it in a jungle about 1 km. away from the road. It appears that the appellant came back from that place and resumed his work of the Transport Concern as usual.