B.P. Dharmadhikari, J. - (1.) ACCUSED nos. 1 and 4 in Sessions Trial No. 84/1995 convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code to imprisonment for life and to pay fine of Rs. 500/ - or in default to suffer rigorous imprisonment for two months as also for the offence punishable under Section 201 of the Indian Penal Code with rigorous imprisonment for three years and same amount of fine or punishment in default vide judgment dated 21 -12 -2002 are before this Court in these two appeals. Accused no. 1 Madhukar is appellant in Criminal Appeal No. 19/2003 while Ramesh is appellant in Criminal Appeal No. 92/2003. Accused no. 2 Padmabai came to be acquitted while the accused no. 5 Manohar was punished with rigorous imprisonment for three years and to pay fine of Rs. 500/ - or in default rigorous imprisonment for two months for offence punishable under Section 201 read with Section 34 of the Indian Penal Code. It is not in dispute that accused Narayan has expired during pendency of this proceedings.
(2.) ACCUSED Madhukar and Ramesh along with other three persons were charged for committing murder of one Chindhaji Vithoba Kolpe between 4 -5 -1995 to 8 -5 -1995. It is further alleged that they destroyed evidence of said offence and thereby committed another offence punishable under Section 201 read with Section 34 of the Indian Penal Code. Briefly stated, on 9 -5 -1995, complainant Balu lodged report at Police Station, Hivarkhed against all accused persons on suspicion. It was registered as Crime No. 31/1995. He claimed that his sister Kondabai and her husband Chindhaji (deceased) resided at Village Hivarkhed. On 4 -5 -1995, Chindhaji went to Konty for attending cremation of one lady in his relation. Thereafter he did not return back. Sister Kondabai informed them and, therefore, they searched for Chindhaji. A missing report was lodged on 8 -5 -1995 at Police Station, Hivarkhed. On 9 -5 -1995 at about 10.30 a.m., his maternal nephew Natwar came to him and told that when he was taking search of his father, he found him lying in barren land of school situated near Barbhai Nullah. Said dead body was found in a ditch and it was taken out by wild animals. He along with Natwar went there and found body without clothes. Clothes were seen in other ditch about 3 feet in depth and had blood stains. They also found his pair of shoes. Balu mentioned in his report that on 5 -5 -1995, accused no. 2 Padmabai had been to Kondabai's house and complained that Chindhaji had abused her without any reason and then went away. Balu therefore suspected Padmabai and her relatives and, accordingly, lodged the report.
(3.) AFTER completion of investigation, the chargesheet was filed and the Court of Judicial Magistrate First Class, Khamgaon made over the matter to Sessions Court for trial.;