BHARAT FAKIRA DHIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant in Criminal Appeal No. 90 of 1997, is the original accused No. 1 in Sessions Case No. 55 of 1996 on the file of the learned IIIrd Additional Sessions Judge, Ahmednagar. He was tried along with his mother for offences punishable under section 363, 376, 302 and 201 either simpliciter or with the aid of section 34 of the Indian Penal Code. The learned Additional Sessions Judge convicted the appellant for the said offence and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- in default to suffer rigorous imprisonment for one month for offence punishable under section 363 of the Indian Penal Code, to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for two months for offence under section 376 of the Indian Penal Code, to suffer rigorous imprisonment for three years and to pay fine of Rs. 300/- in default to suffer rigorous imprisonment for 15 days for offence punishable under section 201 of the Indian Penal Code and to suffer death sentence for the offence punishable under section 302 of the Indian Penal Code subject to confirmation by this Court. The confirmation is registered for confirmation of the aforesaid death sentence.

(2.) IN nutshell the prosecution case is as under : p. W. 10 Shantabai Sansi Pawar along with her son Satish, his wife and their children reside at Ahilyadevinagar, Ward No. 10 at Shrirampur City, District Ahmednagar. On the day of Dipavali, 23rd October, 1985 Shantabai and her son had gone to purchase articles of Pooja and crackers. When they returned to the house after shopping, Nisha, daughter of Satish, aged 3 years, was not found in the house. Shantabai and others, therefore, searched for Nisha but in vain. Nisha was not found and ultimately a report at Exh. 28 was lodged by Shantabai at City Police Station, Shrirampur. On the basis of the said report, P. W. 3 Baburao Saudagar registered the Missing Case No. 63 of 1995 on 24th October, 1995, at 11. 15 a. m. On 24-10-1995 P. W. 6 Tanhabai Deokar while cutting grass in her field saw the dead body of one girl lying in the sugarcane crops. Tanhabai, therefore, narrated the said fact to her son P. W. 12 Sitaram Deokar, who, in turn, informed the said fact to the police. The police first registered the Accidental Death Case No. 67 of 1995 on the basis of his information (Exhibit 34 ).

(3.) P. W. 3 Saudagar Police Head Constable was entrusted with the duty of making inquiry in the accidental death case. Before he could proceed, P. W. 10 Shantabai came to the police station to make inquiry about the missing Nisha. It appears that she came to know about the rumours of finding a dead body of one girl in the sugarcane crops in the field near canal. P. W. 3 Saudagar took Shantabai to the spot along with other persons where the dead body of the girl was reported to be lying. There P. W. 10 Shantabai identified the dead body as that of her grand-daughter Nisha. Inquest panchanama (Exh. 11) was prepared with the assistance of P. W. 1 Ashok Lahunde, panch. It was noticed that there were several injuries on the dead body of the girl. One empty fertilizers bag stained with blood was also found on the spot. It was attached under the panchanama (Exh. 12 ). Then the dead body of Nisha was sent to the Shrirampur Hospital for post mortem examination.