SAMBHAJI BHIMRAO WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these appeals arise out of same set of facts and a common judgment we are disposing them off by one judgment.

(2.) THROUGH these appeals the appellants challenge the judgment and order dated 20-3-1995 passed by the Third Additional Sessions Judge. Sola pun in Sessions Case No. 65/93 convicting and sentencing them in the manner stated hereinafter: -

(3.) IN short, the prosecution case is that Vaishali Hanmant Kamale P. W. 4 was the daughter of Appellant Kalawati Kalavva Hanmant Kamale and deceased Hanmant Kamale. She along with her parents and two brothers namely, Somnath and Navnath lived in village Ardhanari within the limits of Police Station Mahol. District Solapur. There was illicit relationship between appellants Sambhaji Bhimrao Waghmare and Maruti Balappa Bokade on one hand and Kalawati on the other. The said appellants used to visit Kalawatis hut in the absence of her husband Hanmant Kamale. This was in the knowledge of Hanmant Kamale and understandably he could not stand it. On account of this illicit relationship there used to be repeated quarrels between Hanmant Kamale and Kalawati. To ensure that Vaishali and her brothers remained out from the hut when they came the appellants Sambhaji Bhimrao Waghmare and Maruti Balappa Bokade used to give them money to purchase cigarettes, tea match box sweets etc. On the night of 10th December 1991, Vaishali alongwith her brothers was sleeping in a hut contiguous to the hut where Kalawati and Hanmant Kamale were sleeping. Sometimes between 12 a. m. to 1. 30 a. m. Vaishali heard the cries of her father Hanmant Kamale and came to the hut where he was sleeping. She heard her father telling her mother that the relations between them had come to an end. She saw in lantern light that her father was lying on the ground; Appellant Maruti was sitting on his chest; Appellant Sambhaji was putting a rope around his neck; and her mother appellant Kalawati was sitting near her father. On seeing Vaishali Kalawati caught hold of her hand; dragged her and brought her inside the hut where she was sleeping; and locked her there. Throughout the night Vaishali was crying. Next morning Kalawati opened the door of the, hut. Vaishali saw that Appellant Sambhaji and Maruti were not present. She enquired from Kalawati where her father was and Kalawati replied that he had gone to Saheb. 2 to 3 days thereafter, Vaishali and her brothers went towards the side of streamlet for collecting firewood while collecting firewood her brother Navnath saw a towel lying at the bank of streamlet. Since her father always used a towel they picked it up and brought it to the house. On seeing the towel her mother reprimanded her brother and burnt the same. Thereafter she burnt the cheeks of her brothers and threatened to burn them in case they disclosed the story, of burning of towel to anyone. Consequently on account of fear Vaishali and her brothers promised not to disclose that fact to anyone. It is said that appellants Sambhaji and Maruti went to Bhandarkavathe on a motor-cycle at night and brought her grandfather who resided with them for 3 days. It is also said that after the death of her husband, Kalawati started residing with appellant Sam bhaji.