KALIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED 1 Kaliram and accused 2 Bansilal were convicted by the 3rd Additional Sessions Judge, Amravati under Ss. 302 and 376 read with S. 34 of the Indian Penal Code and sentenced to death. Confirmation Case No. 2 of 1988 arises out of the reference made by the 3rd Additional Sessions Judge in respect of the sentence of death while Criminal Appeals Nos. 244 and 245 of 1988 have been filed by the accused 1 and 2 respectively questioning their conviction and sentence.

(2.) THE incident out of which the prosecution arose, occurred in the night between Feb. 15 and 16, 1988 in the village Surali jungle in the field belonging to one Vishnupant Bhujade. The accused No. 1 Kaliram was employed as Vishnupant Bhujade's agricultural servant. Accused 1 Kaliram and his wife used to reside in Vishnupant's house in a separate room. Vishnupant had a hut in his agricultural land in the outskirts of the village. The accused 1 met Ramu Mawasi about 5 days before the incident and introduced him to Vishnupant Bhujade. Vishnupant employed Ramu and his wife Munnibai and gave them the hut in his land for their residence. The hut was a small structure 10' X 7' in area with an electric light. On the day of the incident Ramu and his wife had their evening meals at about 7 p. m. and went to sleep. At about midnight Munnibai was awakened because of the beating which was being given to Ramu. On waking she noticed the accused 1 and 2 beating her husband. She screamed, but they silenced her by threatening her. After killing Ramu by means of sticks, the accused 1 and 2 wrapped his body in a quilt and carried it to a dry well 411 feet away and dropped it there. They made Munnibai remove all the bloodstained articles which were inside the hut and dumped those articles also in the well. She was then taken by force to an orange garden where accused 1 Kaliram forcibly ravished her and after he finished the accused 2 Bansilal also ravished her. The accused No. 1 Kaliram left the place. Munnibai was then taken by accused 2 to a nearby field where he had sexual intercourse with her four times. At sun rise he left her upto the door of Vishnupant's house. Munnibai narrated the incident to the accused 1's wife Bindiya and took her to the well. Vishnupant also followed them and saw the place of the incident. Munnibai accompanied Vishnupant to Warud police station and lodged the first information report. P. S. I. Wagh sent Munnibai for medical examination to the Primary Health Centre and got her examined by Dr. (Miss) Dhote who found seminal stains on her sari, but no marks of violence or injury. She collected vaginal swab and sent it to the Chemical Analyser for examination.

(3.) P. S. I. Wagh seized Munnibai's sari (Art. 1) under the panchanama Ex. 46 and saw the place of the incident, but as it was dark, without recording the panchanama of the scene of offence, he recorded the statements of Munnibai, Vishnupant and Vishnupant's wife Kamlabai and arrested accused 1 at 21 hours after drawing up the panchanama Ex. 13. He seized the blue pant, Jangiya and Manila, which were on accused 1's person under the seizure memo Ex. 14. The panchanama of the scene of offence Ex. 15 was drawn up. The dead body which lay concealed in the well under sheaves of fodder was taken out and an inquest was held. The hand and legs of the dead body were found tied with a rope string. The clothes and the articles which were in the well were seized under a panchanama and the dead body was sent for post mortem. The post mortem examination in respect of the dead body was performed by Dr. Sadapure (P. W. 3 ). He noticed 3 incised wounds respectively on the left ear, forehead and right ear and contusions on the forehead, right eye-brow, left ring finger, chin, left perietal region, left scapular region and lacerated wounds on the left eyebrow, right parietal region and abrasion on left elbow joint. The internal examination showed that the left kidney was ruptured, the skull was fractured, brain material had come out of the skull and the spleen was also ruptured. In the opinion of Dr. Sadapure, the death was due to shock on account of the extensive haemorrhage resulting from the injuries, the injuries on the right and left parietal region being grievous resulting in damage to the brain. The accused No. 2 was arrested at 3 p. m. on 17-2-1988 and the clothes which he was wearing viz full-pant, Bengali shirt and pant, Arts. 18, 19 and 20 were seized under seizure memo Ex. 23. In consequence of the information given by accused 1 and 2, two Babhul sticks Arts. 22 and 23 were seized under two Separate seizure memos. After the Chemical Analyser's report was received, the accused 1 and 2, were put on trial.