RAMESH DASU CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellants/accused have challenged judgment and order dated 26.02.2003, passed by the Sessions Judge, Nagpur in Session Trial No.727/2001, convicting the appellants for the offence punishable under Section 302 r/w 34 of the Indian Penal Code and sentencing them to undergo life imprisonment and to pay a fine of Rs.1500/- each, i/d to undergo Rigorous Imprisonment for six months and further convicting the appellants for the offence punishable under Section 392 r/w 34 of the Indian Penal Code and sentencing them to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.1,000/- each, i/d to undergo Rigorous Imprisonment for three months.

(2.) The facts in brief are that deceased Kamleshkumari Trivedi, aged about 79 years was residing with her daughter Rani Trivedi and grand-daughter Purnima Trivedi on the second floor of Rajnigandha apartment, Nagpur. Rani Trivedi used to leave home at about 7:20 a.m. to attend the school, where she was teaching, while her daughter Purnima used to leave home for attending her M.A. classes at about 10:00 a.m. and Kamleshkumari Trivedi used to live alone in the house till her daughter and grand-daughter used to return back. On the fateful day i.e. 28th August, 2001, as usual Rani and Purnima left for their work. Purnima returned from College at about 1:30 p.m. and was shocked to find her grand-mother Kamleshkumari Trivedi lying dead in the drawing room having been strangulated. A television set of Onida Company was missing from the drawing room. Purnima rushed to the neighbours Shri Fulari and Shri Chourasiya and informed them and they accompanied her to the flat to see what had happened. Shri Chourasiya (P.W.9) then and there disclosed to Shri Fulari and others that he had seen two boys arriving on a red motorcycle which was parked by them in front of Rajnigandha apartment and then they had opened the gate of the apartment. They entered into apartment premises, but since he received a phone call, he went to his house and when he came out after twenty minutes, he found that the motorcycle and the boys had vanished. Upon information to the control room, Police Inspector Shri Thakur of Crime Branch, Nagpur rushed to the spot and on the strength of the information given by the neighbours went in search of the assailants and finally the police found a red colour motorcycle parked outside the hotel of one Gupta near village Hingna with two boys standing near the motorcycle. These boys were detained and brought to the spot of the incident and were shown to Chourasiya, who immediately identified them as the same boys, who had entered the Rajnigandha apartment at the relevant time. They were arrested and upon their personal search, some cash amount and silver coin were recovered from them and the motorcycle was also seized. Upon discovery, Onida television was recovered from the house of the appellant No.1 Ramesh. Police Station Officer of Ambazari Police Station Shri Hatwar then took over the investigation after registering offence under Section 302 r/w 34 of the Indian Penal Code vide Crime No.246/2001. After usual investigation, chargesheet was filed in the Court. Sessions Court framed charge against the appellants/accused under Sections 302 and 392 r/w 34 of the Indian Penal Code, which was denied by them and, therefore, the trial was held. After appreciating the evidence led by the prosecution, learned Sessions Judge by the impugned judgment convicted the accused. Hence, this appeal.

(3.) Shri Bhangde, learned Counsel for the appellants made the following submissions :