- (1.) The appellant-original accused assails the judgment and order dated 30.04.2007 passed by the learned Addl. Sessions Judge, Satara in Sessions Case No.16 of 2006, convicting him for committing the murder of his brother Sanjay Baban Ombale and for causing disappearance of the evidence of said murder with intent to screen himself from the legal punishment for committing said murder and sentencing him to suffer rigorous imprisonment for life imprisonment and to pay a fine of Rs.1,000/-, in default of payment of fine, to suffer further S.I. for two months for committing the offence of murder and to suffer rigorous imprisonment for five years and to pay a fine of Rs.1,000/-, in default of payment of fine, to suffer further S.I. for two months for the offence under Section 201 of I.P.C., i.e., for causing disappearance of the evidence of murder and further ordering to run both the substantive sentences concurrently.
(2.) According to the prosecution, the first informant Baban Maruti Ombale was residing alongwith wife Vimal, son, i.e., the appellant, his three children, another son deceased Sanjay, his three children, another son Sachin and his wife Manisha at Gogawalewadi, Taluka Koregaon, Dist. Satara. The Vimal wife of first informant had been to parental home, a fortnight prior to occurring of incident in-question on 30th April, 2005. 2.1. On 24th April,2005 the first informant alongwith the appellant, deceased and the children had been to Gogawale Wadi for pilgrimage. He was to return to Satara on 29th April 2005, after being at said place for two to four days. The appellant and deceased Sanjay roamed in the village and brought mutton for a dinner. After preparing the meal, the children slept in the courtyard after having dinner. The first informant then started discussing with the appellant and deceased regarding vegetable business. As deceased Sanjay had liquor, instead of talking properly, he started quarreling and abusing the appellant. Earlier in the afternoon, deceased had abused daughter of the appellant on petty reason. Upon the appellant questioning deceased thereon the deceased was further enraged and started further abusing the appellant. The first informant tried to pacify them and sent both of them in the house at about 23.00 hours. He also went in the house and tried to pacify them. 2.2. The appellant then brought a knife meant for cutting the onions and stabbed in the stomach of deceased. He fell down. The first informant attempted to rescue Sanjay, however, as the appellant rushed towards him, he ran away. The first informant returned to house at 12.00 noon on the next day. His granddaughter, PW-1 Aarti Ombale, i.e., daughter of the appellant apprised him that the appellant after murdering Sanjay has buried corpse near the house and left away. The first informant went to Rahimatpur Police Station and lodged the complaint Exh.43. 2.3 PW-8 API Ghanat on Station House duty at the said Police Station recorded the first information report/ complaint Exh.43 of the first informant and registered Crime No.24 of 2005 under Sections 302 and 201 of I.P.C. against the appellant. He arrested the appellant on 30th April 2005. On 1st May, 2005, the appellant made a statement leading to the discovery of a kitchen knife and crow bar, i.e., Article Nos.8 & 7 and leading panchas and police to his house. Such articles produced by the appellant were seized by PW-8 API Ghanwat by recording the memorandum statement and discovery panchanama Exh.33 and Exh.34. He also seized bluish colour T-shirt from the house of the appellant during house search effected by drawing the panchanama Exh.39. He collected advance cause of death Certificate Exh.12 and Postmortem Notes Exh.24 from PW-2 Dr. Sandip Pawar, who had performed the postmortem upon corpse of deceased at Primary Health Center, Rahimatpur, Tal. Koregaon. PW-8 API Ghanwat at the conclusion of the investigation, submitted charge-sheet in the Court of Judicial Magistrate First Class, Koregaon against the appellant for the commission of offences under Sections 302 and 201 of I.P.C.
(3.) The appellant pleaded not guilty to the charge for the offences under Sections 302 and 201 of I.P.C. framed against him by the Court of Sessions at Satara after the case was committed to said Court by the Committal Court.;