DEEPAK PANDURANG BAHEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Deepak s/o. Pandurang Bahekar wastried for the offences under sections 376 and 302 of the Indian Penal Code for committing rape and then murder of victim Ratna. The learned Additional Sessions Judge, Bhandara in Sessions trial No, 123 of 1997, by his judgment and order dated 15/12/1998, convicted the appellant for the offences under sections 376 and 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for one year and to suffer life imprisonment and to pay a fine of Rs. 2,000/- in default to sufferrigorous imprisonment for one year respectively. This judgment of conviction and sentence in under challenge in this appeal.

(2.) THE incident, which gave rise to this prosecution against the appellant, took place on 2-9-1997 in between 10. 00 a. m. to 6. 00 p. m. within the limits of village Pardi which comes under the Police Station, Lakhandur, dist. Bhandara. The victim of sexual assault and murder was one Ratnabai, aged about 20 years and she was daughter of Kawalu s/o. Maroti Hukare and Kamaljabai w/o. Kawalu Hukare and sister of Waman Hukare (P. W. 1 ). On the day of incident in the morning she left the house and had gone to the field for collecting grass. But, she did not return home on that day. That day happened to be a festival day commonly known as "tanha Pola" festival. As ratna did not return, her brother Waman and her parents on the next day, went towards their field to search her. In that effort to search her, her brother waman saw Ratnabai lying dead in their field. He, therefore, went to the police Station and lodged report (Exh. 13 ).

(3.) AS could be seen from the report (Exh. 13), what was informed by witness Waman was the only fact that his sister Ratna was found lying dead in the corner of their field. Though waman, in his evidence before the Court, claimed that there was quarrel about a month before in which his sister ratna was beaten by chappal by the accused, nothing has been disclosed to that effect in the report (Exh. 13), though Waman claimed in his evidence that he had stated before the police to that effect. Prosecution had placed on the record the evidence as regards the said incident that took place about a month before in which there was a quarrel and the accused came to be assaulted by the victim. But, no report to that effect was lodged either by the accused or by the victim or the parents of victim. But, prosecution led evidence on that aspect in the matter only to show that the incident provided motive for the accused to assault the victim.