DAMU BAPU PIMPALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SEVEN accused were charged along with three other absconding named accused for offence under Section 395 for having committed dacoity in the residential house of one Shankarrao Sonawane at Rahu, Taluka Daund, Dist. Pune. All the seven accused were also charged along with absconding accused for offence under Section 396 of the Indian Penal Code on the allegation that at the time of conjointly committing the aforesaid dacoity murder of Smt. Parvatibai Sonawane was committed by one of the accused.

(2.) SHORTLY stated the prosecution case is that PW 1 Shankarrao is the Karta of the Joint family residing at village Rahu, Tal. Daund, Dist. Pune. The family appears to be of a well to do agriculturists and apart from agriculture it appears that different members were also having business of fertilizers and some of them were also in the Government service. The residential area is a large area having several small structures. One of the structures or room constructed of mud and stones was known as Malwadi house. Different members of the family of Shankarrao used to sleep in different rooms or structures. Deceased Parvatibai, wife of Shankarrao appears to be in-charge and in custody of all the cash amount and valuables such as ornaments etc. belonging to the entire family. Parvatibai used to sleep in Malwadi house. Attached to this room is also worship room as well as a small kitchen. On the night between 16th September 1991 and 17th September 1991 Shankarrao, his other brother, the wife of the other brother and four daughters as well as Parvatibai and other members of the family were sleeping in their respective different rooms. As usual Parvatibai slept in the Malwadi house. On the morning of 17th September 1991 the other two women of the family went to the Malwadi house as Parvatibai had not come out of the room which appears to be the daily routine. They banged the front door. As they did not get any response, they went to the backside and noticed that the backside door was open, the roof tiles were removed and when they peeped inside they found Parvatibai lying in a pool of blood. The articles in worship room and in Malwadi room were found scattered, the two cupboards embedded in the wall were found broken and almost all valuables including large amount of cash was found missing. PW 5 Rambhau, a relation of Shankarrao, went to the Police Station Yawat. He gave information regarding death of Parvatibai and inmates of the house found crying. PSI Bhosale visited the spot. He drew the inquest panchanama. There were injuries on the head of Parvatibai. The dead body was sent for post-mortem examination to Baramati. Spot panchanama was made. Adjoining to the Malwadi house, there was house of one Jaysing Bandal. On the roof of house of Jaysing Bandal some half eaten pieces of apple and a liquor bottle containing a little quantity of liquor were found. These articles were taken charge of by the police under a panchanama. In a cattle shed belonging to one Shantilal, which cattle shed was situate at some distance from the spot, trunks and suitcases as well as some clothes removed from Malwadi were found scattered there. Jewelry boxes were also found there at the spot. About 900 feet from the Malwadi, there is field of one person Dnyanoba. Some five jewelry boxes, three VIP suitcases and several others clothes were found there scattered in the said field. One pair of slipper was also found which was attached. Panchanama was accordingly drawn of all these things. The dogs squad unit was summoned, the finger and chance prints were also obtained. The post mortem examination of Parvatibai revealed that she suffered contused lacerated wound, 9 x 1 cm. , scalp deep over right fronto parietal region, contused lacerated wound, 8 x 1 cm. over right occipito parietal region, blank eye right side. There was fracture of the skull bone. In the opinion of the doctor death was due to shock and hemorrhage due to fracture of skull. Accused Nos. 1 to 7 were arrested on 18th September 1991 at village Nimgaon Mhalungi. Upon enquiry from different accused viz. Accused No.1 Damu, Accused No.3 Laxman, Accused No.4 Tulashiram, Accused No.5 Manohar and accused No.7 Umesh, gold ornaments and cash amount in different denominations was recovered from different places. Accordingly the statement of the accused and the panchanama of actual finding of the articles were drawn in the presence of the panchas. Large amount of cash as well as several ornaments were recovered in the recoveries at the behest of accused Nos. 1, 3, 4, 5 and 7.From the person of accused No.7 his clothes were attached on 22nd January which was allegedly blood stained. The finger print of accused no. 4 tallied with the right thumb impression of accused Tulashiram which was found on the liquor bottle found on the roof of Bandal. After completion of the investigation aforesaid seven accused were charged and tried in Sessions Case No.98 of 1992 before the Court of Additional Sessions Judge at Baramati, Dist. Pune.

(3.) BEING aggrieved by the said judgment of conviction and sentence original accused Nos. 1, 3, 4, 5 and 7 have preferred this appeal. We have heard Miss Sharmila Kaushik, the learned counsel appearing for the appellant. We have also heard Shri Deshmukh, the learned Additional Public Prosecutor for the State. With the assistance of the learned counsel we have carefully gone through the entire documentary and oral evidence on record. We have also perused the judgment under appeal.