AMASIDHA JABANNA WADARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was convicted and sentenced vide judgment dated 23rd August, 1994 in the Sessions Case No.50 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. no separate sentence is passed.

(2.) ACCORDING to prosecution, the police Patil of village Aurad viz. Revansidhe Basgonda Birajdar reported to the police station Mandrup that dead body of Laxmibai wife of Somling Wadare is lying in the land Gat No.60/3 belonging to Hanmant Dharmanna Wadare had come to him and furnished him information that Laxmibai w/o. Somling had gone for collection of firewood on 7.1. 1994 at morning but not returned to the house till 9.00 p. m. Hence, they had taken the search and next morning her dead body was found in the standing crops of jowar in the field of Hanmant Sutar. Police Patil had personally gone in the field and saw the dead body. He also reported that he had personally gone in the field and saw dead body, There were abrasions and contusion on her breast and face and around the neck. P. S. O. reduced into writing the information furnished by Police Patil Revansidha Basgonda and the case was entered in the case diary as A. D. 2/94 under Sec. 174 Cr. P. C. As per the direction of P. H. C. Layappa Shivrayya Hande B. No.980 started investigation. He went to the spot. He saw the dead body of Laxmibai in the land Gat No.60/3 belonging to Hanmant Dharmanna Sutar. Two Panchas viz. Yeshwant Patil, Madhuraya Chandrasha and Smt. Negubai Dharmanna Wadare were called to act as panch. They had seen abrasions and contusion on her breast and blood stains around the neck. They also observed some abrasions over the face. There were pieces of bangles and a pair of chappal was also lying. The inquest panchanama of the dead body was effected on the spot and dead body was referred to Medical Officer Civil Hospital, Solapur to conduct autopsy. The Medical Officer during the post mortem found the following injuries on the person of deceased Laxmibai w/o Somling Wadare : 1. Abrasion over Rt. side of the neck, 5cm x 5cm. brown. 2.Abrasion over Lt. side of the Neck (No.4) 5 cm x 05cm brown. 3.Abrasion over Rt. side of the chest 1. 1/2" x 1/2" brown. 4.Abrasion over Lt. side of the chest 3/4" x 1/2" brown. 5.Abrasion over Rt. side upper arm over elbow 1" x 1/2" brown. 6.Abrasion over Rt. side next to injury (No.5) 1" x 1/2". 7.Abrasion medial aspect Rt. side cubital fossa in shape 1" x 2". 8.Multiple Minor abrasion over Rt. Cubital fosse brown in colour. 9.Abrasion over head Lt. side 0. 5 cm 0. 5 cm brown. 10.Multiple Abrasion (No.10) around elbow brown. 11.Abrasion over Lt. side abdomen (No.3) 05 cm x 0. 5 cm brown. 12.Abrasion over Rt. side abdomen 1 cm x 5 cm x 5 cm brown. 13.Abrasion over Rt. Scapular region (Two in number) 1/2" x 1/2" brown. 14.Abrasion multiple at lumber region Rt. and Ltd. side. 15.Abrasion Rt. Lag. 0. 5 cm brown. 16.Swelling over neck region seen.

(3.) ON12.1. 1994, the appellant had agreed to produce gold and silver ornaments on the person of deceased Laxmibai which he had hidden below the Neem tree in front of his house in the presence of two panchas, viz. Amogaidha Krishnaji Pandhare and Yelappa Mashale who were called by the police. He agreed before them that he can produce Mangalsutra, ear rings, nose rings and silver jodve on the person of deceased Laxmibai. Hence, the memorandum as per the version of the appellant was reduced into writing. Then police along with panch witnesses and the appellant had gone to village Bolkavatha by police jeep bearing No. MXO 5512. The appellant brought police and panchas in front of his house. They all had got down the jeep. Then the appellant brought them towards the side of Neem tree in front of his house and removed the earth from the ditch and produced two golden ear rings weighing 1 gram, 500 ml. gram, one mangalsutra of 550 ml. grams, one nose ring of 300ml. grams and 4 silver jodve of 13 grams. All these ornaments were seized under the panchanama and sealed in tact. After the post mortem, the polyester sari, blouse and petticoat on the person of deceased Laxmibai were produced by P. C. Kamble and they were seized under the panchanama in the presence of panchas A. Kadar and Gangaram Ramchandra. P. S. I Nikam also recorded statement of some witnesses and then handed over the case diary to dy. S. P. Prakash Prabhakarrao Mutyal for further investigation.