DANNY ALIAS HARPALSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against the judgment and order of conviction and sentence passed on 16th July, 2007, by the learned Adhoc Additional Sessions Judge, Jalgaon, convicting the appellant for the offences punishable under sections 302, 363, 377 and 201 of the Indian Penal Code. The appellant was sentenced to suffer life imprisonment for the offence under section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of various terms for the other offences mentioned above. The appellant was also sentenced to pay a certain fine for each of the above mentioned offences. The prosecution case is as follows.

(2.) The appellant, who hails from State of Rajasthan, came to Jalgaon to work at Ahinsa Tirth Goshala Kusumba, Tq. and District Jalgaon (for short the Goshala). The complainant Raghunath Tejaji Gujar was serving as supervisor at the Goshala, who was residing there with his wife and two sons aged about 8 and 5 years respectively. Saurabh, aged 5 years, was his younger son and is the victim in this case. On 3rd May, 2006, the complainant Raghunath, after finishing his duty at about 8.00 p.m. went to home, when his wife told him his younger son Saurabh had gone out to play, in the evening, but had not returned back. The complainant then went in search of his son. He made inquiry with other resident's of the Goshala. He learnt from various people that Saurabh was last seen in the company of the appellant, till 7.00 p.m. At about 11.30 p.m., during that night, ultimately dead body of Saurabh was found in the water of a well, located near the Goshala. The complainant then lodged his report accusing the appellant of kidnapping, ravishing and killing his son.

(3.) On the basis of the complaint, an offence was registered. The police conducted investigation, including arrest of the appellant. At the instance of the appellant, while he was in the custody, the police could locate and seize the clothes and other articles belonging to the victim. In due course the police sent charge- sheet and the appellant was tried before the Sessions Court.