BHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Second Additional Sessions Judge. Akola by judgment dated 8-10-1996 has convicted Bharat Kisan Dhande, original accused no. 1 for the offence punishable under section 302 I. P. C. and sentenced him to death subject to the confirmation of this Court. The Second Additional Sessions Judge. Akola by letter dated 11-10-1996 has sent record and proceedings of the Sessions Trial with judgment for confirmation of death sentence. The accused-appellant has filed appeal against the judgment passed by 2nd Additional Sessions Judge, Akola. Therefore, Confirmation Case and appeal are being disposed off by a common Judgment.

(2.) THE facts of the prosecution case in short are as under: - Deceased Parvatabai wife of Mahadeo Doifode and Mahadeo Doifode were residing in a house at Asegao. Mahadeo Doifode was ailing for sometime and he wanted to sell his property at Asegao and settle at Akot Taluka place. He, therefore, wanted to dispose of his immovable and moveable property of Asegao. Another deceased Suryabhan Doifode, aged 90 years was the elder brother of Mahadeo and his house was in the vicinity. The incident of murders and robbery has taken place in the night intervening between 6th and 7th of March, 1995 in the house of Mahadeo Doifode at Asegao. As Mahadeo had gone to Sail and in Buldana district, Suryabhan went to the house of Mahadeo in the night for sleeping. It is the prosecution case that both the deceased Parvatabai and Suryabhan were sleeping on different cots, one in the Chhapri and another inside the room. Both of them were subjected to fianc, their mouths, noses being pressed by some soft material by the culprits and they-died due to asphyxia. The murders were noticed in the morning. P. W. 1 Ramesh son of deceased Suryabhan lodged report (Exh. 13) in Police Station, Akot a place 13 Kms. away from Asegaon. The police arrived at Asegao conducted inquest on the dead bodies of Paravatabai and Suryabhan; effected spot panchnama, sent dead bodies for post-mortem examination. P. 1. Mirge recorded statements of some persons. It was disclosed in the inquest reports that the tongues of both the deceased were inside their mouths and were pressed. The postmortem reports confirmed, that the deceased died due to asphyxia. No articles were found missing from the house. The police do not receive any clue of the crime till the seizure of one Inland letter from P. W. 1 (Exh. 15), which was seized from Police Path, Gajanan on 28-3-1995. On 2-4-1995 Bharat Kisan Dhande and another accused Laxman Mangal Raibole were interrogated and arrested at about 12. 45 to 12. 50 p. m. in Police Station, Akot. Accused Bharat expressed his willingness to show the place where two tin boxes were concealed. In presence of Panchas Memorandum Exh. 53 was recorded. In pursuance to this memorandum, two tin boxes were recovered from the field of one Shiwankar in the vicinity of Assegao and Wadnagangai. It was at the instance of both the accused.

(3.) IT has transpired in the investigation that accused Bharat had removed two necklaces, one golden chain and another having beads of gold described as Mala. In pursuance of his information, one golden chain was recovered from his grand-mother Janabai (P. W. 24) and another from Amol Vinchurkar goldsmith (P. W. 20 ). These chains were identified by P. W. 18 Mahadeo, P. W. 17 Ramabai and P. W. 19 Geetabai both daughters of deceased Parvatabai. P. W. 1 Ramesh was arrested in this crime on 10-4-1995. His police custody remand was taken for two days. He was released on bail on 26-4-1995 and the Investigating Officer filed application under section 169 Cr. P. C. for his discharge and he was discharged on 3-7-1995. On the very same day charge-sheet was submitted against two accused - Bharat and Laxman after completion of necessary investigation.