MARLAPALLE, J. - (1.) SOFT paddling or delay in crime investigation under the fear or influence of political overlordship has disastrous consequences on the social order. This appeal shows that the delay caused in crime investigation has resulted in the loss of 2 young lives.
(2.) THE appellant approached the police on21/1/1992 and submitted a complaint Exh. 73 to the following effect : " On 27/12/1991 at about10. 30 p. m. I was at hotel Guru to see off Pravin Bogavat. At that time Shekhar Rathod was standing near the counter and looking at me in anger. I had parked my Kinetic Honda vehicle bearing No. MH-17-7171 and while I came out from the hotel, Shekhar Rathod started my vehicle and fled with the same. Alongwith my father I went to Shri. Anil Rathod the brother of Shekhar Rathod and also a M. L. A. and told him the incident. THE M. L. A. assured me that the vehicle would be returned but it has not yet been returned. " On the same day the appellant filed one more complaint Exh. 79 informing the police that after the scooter was taken away by Shekhar Rathod, he and his family members were receiving threatening calls from Ajit Rathod the brother of Shekhar Rathod and Govind Varma for payment of Rs. 10,000/- to 20,000/- so as to return the scooter and if the money was not paid, the appellant would be eliminated. The first case was registered with the Topkhana Police Station as C. R. No. 19/1992 for an offence punishable under Section379 of Indian Penal Code (hereinafter referred to as the Code for short ). Whereas the second complaint was registered with Kotwali Police Station as C. R. No. 39/92 for the offence punishable under Sections 387, 506 (1) r. w. Section34 of the Code. Nothing was done by the police in these complaints till the date of incident and it appears that subsequently charge sheets were filed in these cases which have been registered as R. T. C. No. 93/92 for the offence punishable under Section387 and R. T. C. No. 123/92 for an offence punishable under Sections 379 and 506 of the Code. On 7/2/1992 between 10 to 10. 30 a. m. deceased Ajit Rathod alongwith P. W.1 Manoj went to the canteen located in the Ahmednagar College premises on a two wheeler and within 15 to 20 minutes when he came out of the canteen near his vehicle, the accused reportedly demanded keys of the vehicle from him which he refused to give. An altercation took place between the two parties. Both the accused took out their knives/gupties which were hidden beneath their shirts and accused No. 1 inflicted 4-5 blows. The deceased warded of some blows but one blow hit him on his chest and at that stage he told P. W.1 Manoj to run away and he himself retrieved backwards. They re-entered the canteen premises, borrowed the scooter of the canteen owner's son P.W.4 Vidyasagar Dalvi. P. W.1 Manoj drove that scooter while deceased was sitting on the pillion seat; on the way he omitted and therefore P. W.1 Manoj stopped the scooter, engaged the rickshaw to take the victim to the Civil Hospital at Ahmednagar. While proceeding to the said hospital, P. W.1 got down as P.W.5 Kamlesh Chavan had already got into the rickshaw so as to take the victim to the hospital. The injured was admitted sometimes between 10. 30 and 11 a. m. and he succumbed to the injuries within about2 hours while under medical treatment. Both the accused were arrested. Statements of some witnesses were recorded. During the investigation, clothes on the person of the accused were seized, discovery of the weapons purportedly used was also effected and the clothes of the deceased as well as the accused and weapons were sent for chemical analysis. Dr. Ashok Ghule conducted the post mortem and sent p. m. notes at Exh.38. On completion of investigation charge-sheet came to be filed in the Court of J. M. F. C. at Ahmednagar and the case was committed to the Sessions Court. Charge came to be framed at Exh. 4 in Sessions Case No. 104/92 by order dated-9/7/1997.
(3.) THE accused has pleaded not guilty and therefore, they were put on trial. THEir initial defence was of total denial. On 26/9/97 the star witness P. W.1 Manoj was examined by the special prosecutor and on28/9/97 accused no.2 Raju @ Nitin while on bail was reportedly killed at Aurangabad and therefore the Sessions Case continued only against the present appellant i. e. accused no.1. By judgment and order dated19/12/98 the learned II Additional Sessions Judge at Ahmednagar convicted the accused for the offence punishable under Section302 of the Code and sentenced to suffer R. I. for life and to pay a fine of Rs. 5000/- in default to pay the fine to undergo R. I. for one year more. However, he came to be acquitted for the offence punishable under Section4 r. w. Section25 of the Arms Act. Though the prosecution had examined in all 24 witnesses the conviction is based on the testimony of the so called eye-witnesses i. e. P. W.1 Manoj, P.W.2 Prashant and P.W.4 Vidyasagar and the medical evidence as well as the C. A. reports including the discovery of weapons. When the appeal came to be admitted prayer for bail was rejected by order dated1/12/99. We are informed that by order dated-23/11/2000 the appellant was released on furlough by the D. I. G. (Prisons) and he was to surrender on31st January, 2001. He did not do so and instead made an application for extension which was rejected on6/6/2001. The fact remains that from 1/2/2001 the appellant has been absconding i. e. for more than 3 years.;