AAMSIDHA JABANNA WADARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was convicted and sentenced vide judgment dated 23rd August, 1995 in the Sessions Case No. 74 of 1994 by the IIIrd Additional Sessions Judge, Solapur for (i) R. I. for life under section 302 I. P. C. and (ii) under Section 354, 376 and 511 I. P. C. , but no separate sentence is passed.

(2.) THE case of the prosecution is that on 17th December, 1993 deceased Mahananda along with Sunanda and Shantabai had gone in the field for collection of groundnuts (unshield ). THEy were returning to the house at evening and reached to the field of Chhayyappa Bansode. THE deceased Mahananda had seen cucumbers in the field and went towards the jowar crops for collection of cucumber. After a while she started shouting, hence, Sunanda and Shantabai left her field and gone to the house. Mahananda did not return to the house till evening. Hence, 10 to 12 persons had searched for her in whole night. THE deceased Mahananda was pregnant and conceived six month's pregnancy. Next day, 5 to 6 persons were further searching Mahananda and her dead body was found lying in the jowar crop in the filed of Chayyappa Bansode. This was reported by Bhimsha Ramchandra Koli on 18-12-1993 at 8.300 a. m. to the police Patil of village Aurad by name Revansidha Basgonda Birajdar who in turn informed to the P. S. O. Police Station Mandrup. P. S. O. Police Station Mandrup reduced the information into writing furnished by the Police Patil Shri Revansidha Basgonda Birajdar and registered the A. D. No. 29/93 under Section 174 of Cr. P. C. and the case diary was given to P. S. I. Ganpat Vithoba Nikam for further investigation. Police then inspected the spot. THEre was standing crop of Jawar and cucumber and dead body was found lying near the East-west bund. THEre were abrasions and contusions on her person. One Lungi was lying at a distance of 300 feet from the dead body. Panchanama of scene of offence was recorded and Lungi was seized in the presence of panchas, Amrut Dharma Tele, P. W. 5 and Baswaraj Vibhute. THE police then effected inquest panchanama of the dead body of Mahananda. Blood was oozing from her nose ; her both eyes were closed and there were abrasions over her face and back. THEre were blood stains over the petticoat and sari. THE dead body of the deceased was then referred to Medical officer, Civil Hospital Solapur to conduct autopsy. Dr. Dattatray Vishnu Kulkarni, P. W. 17, conducted autopsy and found following injuries on the person of the deceased Mahananda ; 1. Bluish contusion over left side of forehead near mid line 5 x 4 cms. 2.Linear oblique scratch rt. side of face 4 x 01 cm fresh. 3.Bluish swelling on the tip of nose 3 x 4 cm fresh. 4.Abrasion over left forearm near lateral aspect of elbow 0. 2 x 0. 2 cm. 5.Contusion left forearm near elbow to back side 1 x 0. 2 cm. 6.Abrasion over left forearm just below injury No 5, 0. 3 x 0. 3 cm. 7.Abrasion over left forearm back just below injury No. 6, 0. 2 x 0. 2 cm. 8.Abrasions over Rt. arm near elbow back side 1. 5 x 0. 1 cm and 0. 1 x 0. 1 cm. 9.Pressure abrasion on lower back just above sacrum on Rt. side 5 cm away from midline 3 x 0. 2 cm and 0. 1 x 0. 1 cm. 10.Medical aspect of Rt. foot extending from Rt. left scratch, medically, scratch 6 x 0. 1 cm scabbed. 11.Black colour oval patch 5 cm above and left of umbilicus on the abdomen 9 x 5 cm hardened skin subcutaneous tissues, no hemorrhages on cut section.

(3.) POLICE then arrested the accused and interrogated him in the presence of two panchas. The accused disclosed police on 13-1-1994 that he has disposed of silver Jodve on the person of deceased Mahananda to one goldsmith, resident of village Barur and further disclosed that he has sold golden earrings, Mangalsutras and Morni to Chandulal Shah, goldsmith of Akalkot. He has sold silver jodve for Rs. 90/- and other ornaments for Rs. 1111/- and ready to produce and discover the ornaments. The statement of the appellant was reduced into writing and then police along with both panchas and the accused had first gone to village Barur by police van No. MAH 8751. They had gone to shop of P. W. 8 Sidharam Ganpati Potdar. The accused, panchas and police got down from the vehicle. Sidhram Ganpati Potdar was present in the shop. At the instance of accused, he has produced 4 silver jodve weighing 20 grams 5 ml. grams valued Rs. 143/ -. Sidharam Ganpati Potdar informed police that he has purchased these 4 silver jodve from the accused for Rs. 90/ -. Silver jodve were seized by the police. Then police along with the panchas and the accused had gone to Akalkot via Valsang, as per the instructions of the appellant, the vehicle was brought towards the side of Top Chowk. Then they all got down from the vehicle and the accused brought them at the goldsmith shop adjoining to main-road of the chowk. It was the shop of Chandulal Jethiram Shah. One Ravikiran Vilaschandra Shah, P. w. 12 was present at the shop. He disclosed to the police that on 20-12-93, he has purchased two golden earrings, one Mangalsutra with two beads, 4 beads weighing 400 m. grams and one golden nose ring. He further disclosed that he has purchased these ornaments from the accused for Rs. 1111/ -. Ravikiran Shah produced these ornaments before the police at the instance of the accused and they were seized under the panchanama. Ravikiran Shah has effected entry in the cash-book and supplied zerox copy of the cash-book to the police.