JAGANNATH DAMAJI POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in both these appeals stand convicted for offences punishable under Section 302, 201 read with 34 of the Indian Penal Code and sentenced to imprisonment for life and to each pay fine of rs. 5,000/- with a default condition of undergoing further rigorous imprisonment for one year in the event of non-payment of fine and rigorous imprisonment for three years and to each pay fine of Rs. 2,000/- with a default condition of undergoing further rigorous imprisonment for one year in the event of non-payment of fine, by the V Additional Sessions judge, Aurangabad, by Judgment dated 2. 6. 2007, in Sessions Case No. 25 of 2006, by these appeals question the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of these appeals may briefly be stated thus: p. W. 1 Raghunath Narwade, Police Patil of village Warzadi was working in his agricultural field on 5. 10. 2005. On that day in the evening one Dhansing Shamsing informed him that the dead body was lying on the aurangabad - Nasik road in the Warzadi shivar. He accordingly went to that place and noticed a dead body of a young man between age 20 to 25 years. The dead body was covered by clothes which were dirty and a piece of rope was lying near the dead body. He also noticed one rubber chappal. There was a ligature mark around the neck of the dead body and abrasions on the other parts of the body. Accordingly, he gave an intimation at Exh. 47 at the Police station. P. W. 10, P. S. I. Sanjay Lohakare who was attached to the Sillegaon police station was present in the police station outpost on 5. 10. 2005 when P. W. I Raghunath Narwade gave his intimation about finding of the dead body at Exh. 47. Accordingly, an A. D. vide no. 33 of 2005 came to be registered and the enquiry thereof was handed over to P. W. 10 p. S. I. Lohakare. He accordingly went to the scene of the offence accompanied by a photographer who took the photographs of the dead body. On the next day an inquest panchanama came to be performed on the dead body. Post-mortem on the dead body came to be performed by P. W. 6 Dr. Shinde. P. W. 6 Dr. Shinde noticed about fourteen external injuries on the dead body. There were multiple injuries like abrasions, contusions etc. Two ligature marks were seen around the neck. The first ligature mark was just above the thyroid cartilage over upper part of the neck horizontally placed of size 39 x 1 x 7 cms. The second ligature mark was just below thyroid cartilage horizontally placed of size 37 x 1 x 11 cms. Upon desection of the neck he found intermingled contusion over anterior and both lateral aspects of neck muscles reddish brownish and also noticed a linear crack over the tracheal ring towards right side 3 cms. He also noticed haemorrhage over the epiglottis and found that trachea was congested with petechial haemorrhage. He, therefore, opined that cause of death was on account of compression of neck. The final opinion in respect of cause of death is "ligature strangulation". The post-mortem report is at exh. 62. On the next day, the scene of the offence panchanama came to be prepared in the presence of P. W. 5 Hiraman. From the scene of the offence a blue string, Chappals, tobacco pouch, lime pouch and plain soil and blood mixed soil came to be collected. P. W. 10 p. S. I. Lohakare, therefore, lodged his report against unknown offender vide Exh. 97. On the basis of the said report, an offence under section 302 of the Indian Penal Code came to be registered. The investigation of the said offence was entrusted to P. W. 10, P. S. I. Lohakare. The clothes of deceased bore the labels of the tailor at Nanded and, therefore, it was suspected that the deceased hails from nanded. P. W. 10, P. S. I. Lohakare received information from the Devgaon Police Station that one Indica car had been brought for enquiry Devgaon Police Station. He also learnt that the passengers in the car were from nanded. He, therefore, went to Nanded Police station alongwith a Photographer and thereafter went to the tailor i. e. the 'style tailor' at Nanded but the tailor could not identify the dead body. He also learnt that the passengers in the Indica car were from the ambedkar Nagar and, therefore, went to ambedkar Nagar and thereafter it transpired that the dead body was of one Prakash. Parents of Prakash identified the photograph of the dead body and the name of deceased came to be disclosed as Prakash Nivrutti Jondhale. From the parents, P. W. 10, P. S. I. Lohakare learnt that deceased Prakash had left Nanded alongwith his wife for going to Gangakhed. He also learnt that the owner of the car was one Hatti Ambile and from him it transpired that one Rahul Yettare was employed as a driver. P. W. 8, P. S. I. Shivaji Shirsath who was attached to the Devgaon Rangari Police Station was on patrolling duty on 4. 10. 2005. He took the occupants of one Indica car into custody as they were found to be behaving in suspicious manner. The passengers were taken into custody from the hospital of one Dr. Gaike. P. W. 10, P. S. I. Lohakare took P. W. 2 Anita into custody and also seized the receipt of purchase of diesel. Accused Nos. 3 and 4 came to be handed over to P. W. 10, P. S. I. Lohakare by the palam Police. The clothes of accused Nos. 3 and 4 came to be seized by P. W. 10, P. S. I. Lohakare vide Exhs. 49 to 52. Statement of p. W. 9 Dr. Gaike came to be recorded. The seized property came to be referred to the chemical Analyzer alongwith the requisition exh. 100 to Exh. 103. The Chemical Analyzer reports are at Exh. 104 to Exh. 110. Further to the completion of investigation, a charge-sheet against the accused came to be filed.

(3.) Prosecution has examined P. W. 3 jalindernath who is an employer of P. W. 7 rahul. P. W. 3 Jalindernath states that he used to give his Indica car on hire and P. W. 7 Rahul was employed as a driver. He further states that P. W. 7 Rahul had informed him that the car had been engaged by accused No. 1 sundarabai, accused No. 3 Yadav and accused no. 4 Jagannath for going to Nasik. Accordingly, P. W. 7 Rahul proceeded from palam to Nasik. He further states that on the next day he was informed on phone by the devgaon Rangari Police Station that his Indica car had been detained by the Police and he was asked to attend the police station and produce documents of ownership of the car. He further states that when he had gone to the police station and had met P. W. 7 Rahul, Rahul informed him that from Palam he had gone to gangakhed and at Gangakhed the three accused had taken one man and a woman with them as passengers in the car. Rahul further informed him that the five persons then proceeded in his car towards Aurangabad and from Aurangabad went towards Nasik. On way, the accused asked him to stop the car and all the passengers alighted and went on foot and thereafter only four of them returned back. Rahul states that one male person who had also alighted from the car was missing. Rahul also informed him that the car was then brought to devgaon Rangari Police Station as accused yadav was indisposed. P. W. 3 Jalindernath states that he had showed the documents of the car and thereafter obtained custody of the car from the Police. He further states that 2 to 3 days thereafter the driver of the car was taken in their custody. He states that thereafter the other accused were arrested. In cross-examination, he has admitted that record used to be maintained in respect of the hiring of the car but he had not produced the record before the Police. He has admitted that he had not seen the accused who had hired the car but information was given to him by his driver. He has admitted that he did not know the names of the three persons and accordingly had not stated in his statement that he had personally arranged their sitting in the car near the bus stand. He could not assign any reason as to why it was so stated in his statement.