SUNIL LAXMAN MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Indubai was married to Sampat Gite of village Chincholi, Taluka Sinnar, District Nashik in March 1996. Thereafter, sometime before 5th November 1997 she was brought by her father to village Chadegaon. On 5th November 1997 her husband Sampat came to take her from the house of Popat but at that time Indubai was not well. Therefore, he went away saying that she should be sent on the next day. On 6.11.1997 Popat with his daughter Indubai started for going to village Chincholi but after coming near the approach road at Sinnar going to Chincholi, Indubai told her father to go away and she would go alone. That is why Popat returned. However, Indubai did not go to village, Chincholi. Therefore, her husband came to Chadegaon on 7th November, 1997 to enquire. However, they could not trace Indubai and therefore, Popat lodged missing report in Nashik Road Police Station.

(2.) ON 8th November 1997 at about 1 PM one Nivrutti Tagad received a phone call from Saptashringi Gadh probably from the petitioner that he was at Wani with Indubai. This conservation was overheard by one Khanderao Mankar who informed about the same to Madhav Sangale, the uncle of the deceased Indubai. Thereafter Madhav Sangale with eight others went in a jeep to Saptashringi Gadh at Wani and parking the jeep they started search for Indubai in the hill area. They noticed Indubai and the present petitioner standing under a tree and on seeing them both ran towards the end of the hill and it is the prosecution case that petitioner pushed Indubai in a valley and also attempted to jump but was caught hold of by Madhav. Thereupon, Madhav came to police station and lodged complaint. That way, therefore, by pushing Indubai in a valley petitioner is alleged to have committed her murder and as such, offence under S.302 is alleged to be committed.

(3.) MR .Kale for the petitioner submits that the statement of police patil Benake is recorded by the investigating officer which would show that Madhav himself disclosed to him that Indubai herself jumped in the valley but petitioner was caught hold of timely.