STATE OF MAHARASHTRA Vs. VISHWAS BABURAV DESAI

JUDGEMENT

(1.) CRIMINAL Appeal No. 920 of 85 is filed by the State for enhancement of sentence awarded by the learned Sessions Judge, Kolhapur to respondent sentencing the respondent to rigorous imprisonment for five years and a fine of Rs. 1000/- in default rigorous imprisonment for six months for offence under S. 304 Part I of the Penal Code. Criminal Appeal No. 921 of 85 is filed by the State against the judgement and order of the learned Sessions Judge, Kolhapur, acquitting the accused tinder S. 302 of the Penal Code.

(2.) PROSECUTION case shortly stated is that the accused who is popularly known as Vishwanath Maharat was in service at Kolhapur Sugar Factory and had religious inclination. After retirement from service, he started living in his own house at Kasaba Bavada. Kolhapur along with his wife and children. He started wearing clothes of pink colour and used to give religious discourses and sermons to the people. Deceased Ratnamala, who was a woman of rather loose character came into contact with the accused and soon became his disciple. She started visiting the house of the accused often. Son of the accused naturally did not like this and showed has resentment. It appears that the accused ultimately left his family and along with Ratnamala the deceased, went on pilgrimage for a period of three months. About a fortnight before the incident, deceased Ratnamala and accused returned from pilgrimage to Kolhapur. First they went to Ratnamala's aunt and thereafter they rented out a room in the chawl of P. W. 5 Pandurang Dhobale in Chavan colony. Accused and Ratnamala started residing together. Both of them were using clothes of pink colour. Accused used to carry a cloth bag and also trishul. On the day of the incident, Ratnamala and accused left their room in the morning at about 7. 30 a. m. and after collecting alms returned to their room. They took their food at about 1. 00 a. m. P. W. 3 Sangita was residing in the room immediately next to the room of the accused. Sangita after taking her lunch at about 11 a. m. took afternoon nap. At about 2. 30 p. m. the accused is alleged to have come in front of her door and called her by name. Sangita awoke from her sleep, unlatched the door and she went towards the room of the accused. The door was half closed. She pushed the door and she saw that the accused was reading 'pothi'. The accused enquired of her whether her husband was in the house. She replied in the negative. The accused after lifting the cost in of gunny bag showed the dead body of Ratnamala lying on the floor in a pool of blood and told her that he has committed Ratnamala's murder. She was afraid. She came back to her room, lucked the door and immediately went to her parents' place. P. W. 5 Panduring Dhobttle the owner of the chawl returned to his room in the same chawl from his floor mill for taking lunch. After lunch he was taking his usual afternoon nap and at about 1. 30 p. m. he was about to leave for his flour mill, at that time he heard loud shouts of a female "mother I am dead". The voice was coming from the room of the accused. He suspected some foul play and therefore went to the house of Dwarkabai Tivale, aunt of Ratnamala, at whose recommendation he had let the room to accused and Ratnamala. Dwarkabai and his son-in-law Baburao and the landlord returned to the room of the accused. They noticed that it was latched from inside. They knocked the door and requested the accused to come out. The accused is alleged to have replied that he would not open the door and that he has committed Ratnamala's murder. He insisted that he would not open the door unless police are called. P. W. 5 Pandurang Dhobale started going towards Kalamba Octroi naka, met one Gujanan Patil and requested him to give a telephonic message to the police at Juna Rajwada Police Station. Vishnu Jadavekar was assisting police head constable Bhosale, who was in-charge of the police station. The phone massage was received by the police station and necessary note of the same was taken in the station diary. Thereafter, police head constable with police constable come to Chavan colony in a police van. Police asked the accused to Come out. The accused thereafter removed the latch from inside and opened the door. It was noticed that the accused was the only parson in the room. The accused lifted the curtain and pointed out Ratnamala's dead body. She was lying in a pool of blood. There were injuries on the left side of her head, Blood stains were also found in the clothes and on the person of the accused. Trishul was lying in the room which was also stained with blood. In the meantime, Police Inspector Jadhav came to the spot. Inquest panchanama and the panchanama of the scene of offence was drawn. Accused was arrested and after completion of the investigation the accused was charged and tried before the learned Sessions Judge at Kolhapur in Sessions Case No. 90 of 84 for an offence under S. 302 of the Penal Code for committing murder of deceased Ratnamala, It may be noticed that during the investigation. Special Judicial Magistrate. Shri Rane, recorded the confession of the accused on 12th Oct. 1984.

(3.) DURING the trial, the accused admitted his guilt at every stage. However, the learned Sessions Judge did not merely accept the plea of guilt by the accused but directed the prosecution to lead evidence.