AUDUMBAR DIGAMBAR JAGDANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellants, original Accused Nos. 1 and 2, were charged and tried for offences under Sections 302 and 201 read with 34 of Indian Penal Code in the Court of Additional Sessions Judge at Solapur in Sessions Case No. 13 of 1994.

(2.) PROSECUTION case in brief is that deceased Nalsaheb was brother of complainant PW 12 Moula. Deceased was selling Shindi. Prior to the marriage deceased Nalsaheb was the wrestler. Sadashiv Mhadkar, Gundiba Bandagar, Bhalchandra Sarfale and others were also attending the gymkhana along with deceased Nalsaheb. Deceased Nalsaheb had a quarrel with Bhalchandra Sarfale. PW 12 Moula intervened. Since that quarrel Bhalchandra and deceased Nalsaheb were not on talking terms. On 12th November, 1993, Sadashiv Mhadkar, Bhalchandra Sarfale, Anna Sarfale and Vikas Sontakke had a quarrel during which Nalsaheb being friend of Sadashiv intervened. At that time Bhalchandra Sarfale and Vikas Sontakke gave threat to Nalsaheb that they will finish him within 8 days. Complainant PW 12 Moula, Dadarao Mhadkar and Bhaskar Vanamane were present at that time. On 19th November, 1993 at about 7. 30 a. m. Nalsaheb carried Shindi on bicycle from village Watvate. Nalsaheb did not return to his house till next morning i. e. 20th November, 1993 which made PW 12 Moula, brother of deceased Nalsaheb, to start a search for the deceased. In the process, PW 12 Moula went to the police out-post to inquire about Nalsaheb where Police Patil of village Kurul had also come to the police out-post to inform that a dead body of one Shindiwala was lying near the tank near Devicha Mala in Shivar of village Kurul. PW 12 went on the spot and found the dead body of his brother Nalsaheb lying with several injuries ono his person on different parts. PW 12 Moula suspected Bhalchandra Sarfale and Vikas Sontakke might have committed the murder of his brother as per the threat given by them to Nalsaheb. He, therefore, lodged his report against Bhalchandra Dhondiba Sarfale, Anna Dhondiba Sarfale of village Watvate as also Vikas Sontakke of Solapur and upon such report being filed, offence was registered as Crime No. 146 of 1993 for offence under Section 302 read with 34 of the Indian Penal Code at the out-post at Kamati and it was then sent to police station at Mohol, whereupon Crime No. 162 of 1993 came to be registered in the police station at Mohol at 3. 15 p. m. on 20th November, 1993. The police, in fact, arrested three named persons. On 21st November, 1993 PW 12 Moula again came to the police station, Mohol, after the funeral of his deceased brother Nalsaheb and reported that one Kondi Madake and Narayan Madake told him that it is these two accused who have assaulted Nalsaheb. There was some quarrel between accused No. 1 Audumbar and Nalsaheb about a year prior to the incident. Accused No. 1 Audumbar with the help of his younger brother accused No. 2 Eknath committed murder of Nalsaheb due to the quarrel between Nalsaheb and Bhalchandra which took place on 12th November, 1993 and at that time Bhalchandra gave threat to Nalsaheb. PW 14 API Shejal recorded the additional statement of PW 12 Moula. He arrested accused No. 2 Eknath at about 11 p. m. On 22nd November, 1993. On the very day the Investigating Officer got the statement of PW 2 Narayan recorded by Special Judicial Magistrate, PW 11, Mane. On 24th of November, 1993 the accused No. 2 Eknath made a statement leading to discovery and accordingly he prepared memorandum of statement at Exhibit-18 and also further memorandum of seizure of ash (Art. 15) of the burnt clothes as also sickle (Art. 13) and knife (Art. 14) which were blood stained under the very memorandum (Exhibit-18 ). The Investigating Officer also seized two bicycles (Art. 17) and (Art. 18) from the accused No. 2 Eknath. Accused No. 1 was arrested on 25th November, 1993. Usual investigation was further carried out and ultimately both the accused were charged and tried as mentioned above.

(3.) ACCUSED pleaded not guilty to the charge and claimed to be tried. They claimed that they are falsely implicated in the case. They further contended that deceased Nalsaheb was having many enemies. His father had committed murders of Gulab, Ganpat and Santram and, therefore, the relatives of these three persons were also annoyed with deceased Nalsaheb and other family members. The deceased Nalsaheb is also alleged to have beaten several other persons. Quarrel with Bhalchandra Sarfale on 12th November, 1993 was also mentioned. According to the accused there were several enemies to deceased Nalsaheb and, in fact, Bhalchandra Sarfale and Vikas Sontakke had given threat of life to deceased just a week prior to the date of incident. Accused contended that the original story given by PW 12 Moula against Bhalchandra Sarfale and Vikas Sontakke and others is the correct story. However, these persons brought political pressure and financial pressure on the police which resulted into false involvement of the accused by creating false evidence. It is alleged that panch Gundiba Bandagar is a friend of deceased Nalsaheb. Witnesses Balasaheb Salgar and Lingeshwar are tutored by the police. PW 13 Bhaskar Vanamane is also friend of deceased Nalsaheb.