SATISH SHARWAN HIRUDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellants ('the accused' for short) take exception to the judgment and order dated 31st october, 2003 passed by the Second Additional sessions Judge, Wardha in Sessions Trial no. 32/96 convicting the appellants for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentencing them for the offence punishable under Section 302 read with Section 34 of the indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 500/- (each) in default to undergo R. I. for six months and for the offence punishable under Section 210 read with 34 of the Indian Penal Code to suffer R. I. seven years and to pay a fine of Rs. 500/- (each)in default to suffer R. I. for six months. Both the sentences are ordered to run concurrently.

(2.) The prosecution case as unfolded during the trial is as under: on 21-10-1994 Madhukar Onkarrao chaudhari, Police Patil of Village Undarmari lodged report at Police Station, Karanja (Ghatge)that one dead body of unknown person was seen lying in one cement pipe under the bridge on National High-Way No. 6. On the basis of the said report initially station diary entry was made. Assistant Police Inspector M. B. Deshmukh went to the spot with panch witnesses and prepared spot panchanama. He seized articles lying near the dead body on the same day at about 4. 00 p. m. Accused no. 1 and his brother Kailash identified the dead body of deceased Dnyaneshwar Mukardam. Dnyaneshwar was the maternal cousin of accused Satish. Assistant Inspector Mr. M. B. Deshmukh requested the Medical Officer of primary Health Centre to conduct post-mortem examination on the dead body of the deceased on the spot itself since the dead body was decomposed. Medical Officer Dr. G. W. Bhagat conducted post-mortem on the dead body on the spot. The dead body was brought to Ashti and massages were conveyed to the relatives of the deceased. During the course of investigation, it was revealed that on 19-10-1994 the accused Satish, victim Dnyaneshwar and accused Wasudeo had gone to village Pardi in the evening in auto-rickshaw and all three of them had dinner at the residence of Laxman tiple. It also transpired that at the relevant time accused Satish had asked his son Arun to bring liquor and accordingly Arun had brought liquor and both the accused had consumed liquor at the time of dinner. Deceased also had consumed liquor. At about 10. 00 p. m. all three of them left Pardi to return back to Ashti via Sarwadi. Since the auto-rickshaw did not have light hirabai and Laxman Tiple had advised them not to leave Pardi during night hours but Satish persuaded the deceased to return back. However, it was the further case of the prosecution that both the accused had brought auto-rickshaw to Vishkarma Welding Workshop early in the morning at about 4 to 5 a. m. for repairs and the proprietor of the said workshop nagorao Marotrao Parade repaired the said auto-rickshaw which was damaged on the left side and the iron rods of the roof of the auto were bent and broken. The father of the victim lodged report at Karanja Police Station on 22-10-1994 whereupon offence under Section 302 of the Indian Penal Code was registered against both the accused and they were arrested. After completion of the investigation, charge-sheet was filed under Sections 302 and 201 read with section 34 of the Indian Penal Code. Since the offences were exclusively triable by the Sessions court, the case was committed to the Sessions court, Wardha. The accused pleaded not guilty to the charge under Sections 302 read with section 34 and Section 201 read with Section 34 of the Indian Penal Code. The defence of the accused was of totally denial and false implication.

(3.) Per contra, Mr. Doifode, learned a. P. P. submitted that the prosecution has established beyond reasonable doubt that deceased Dnyaneshwar left Pardi in auto rickshaw in the company of both the accused and thereafter he was not seen till his dead body was seen lying under the bridge on 21-10-1994. According to learned A. P. P. , the accused have not explained as to when they parted with the company of the deceased whose dead body was found with several injuries on his person. He further submitted that the fact that both the accused had no injuries on their person coupled with the fact that they have not given any explanation as to when they parted with the company of the deceased clearly establish that the accused are the authors of the crime. The learned A. P. P. further submitted that the medical evidence clearly establishes that death of Dnyaneshwar was homicidal. The learned a. P. P. , therefore, submitted that no interference is called for with the impugned Judgment and order of conviction and sentence passed against the accused.