DADA TUKARAM MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises from the order of conviction and sentence passed by the learned IInd Addl. Sessions Judge at Baramati on 4-10-2002 and by the said order the appellant-accused came to be convicted for an offence punishable under section 302 of IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine the accused shall suffer further ri for six months. The accused was in pre-trial detention from 9-12-2000 and, therefore, he was entitled to set off under section 428 of Cri. P. C.

(2.) AS per the prosecution the accused, a resident of Chakati was married to savitribai. They were a joint family along with children. On 9-12-2000 at about 3. 15 p. m. Rambhau Bapurao Mankad (PW 1) was loading manure in the cart and at that time dattu Anna Ghodke approached him and told him that the accused had closed the door of his house by putting a latch from inside and the villagers were discussing that the accused had committed murder of his wife Savitribai. Rambhau and Dattu, therefore, proceeded towards the house of the accused and noticed that it was closed from inside. They gave a call to the accused but there was no response. Ramchandra therefore, went to the house of Dnyaneshwar narayan Fadatare and from there a telephonic call was given to the outpost at bawada and the police were informed that the accused and his wife were inside the house and that he was not opening the inner latch. As per the advice of the police rambhau again came to the house of the accused and gave a call but there was no response. However, without opening the door the accused is claimed to have stated that he has committed the murder of his wife Savitribai. On this information rambhau pleaded with the accused to open the door but in vain and, therefore, rambhau proceeded towards the house of dnyaneshwar at about 4 p. m. to inform the police for the second time. The Head Constable bhanudas Khandagale - PW 10 at outpost Bawada received the telephonic message and along with police Constable dhanaji Omase reached Chakati village at about 4. 30 p. m. on his motorbike. The distance between chakati village and outpost bawada is about 15 Kms. The police along with Rambhau and 25-30 villagers went to the house of the accused and gave a call to him and informed about their arrival. The accused slightly opened the door and on noticing that the police have arrived he opened the door and came out with a sickle in his hand which was blood stained. The police directed him to drop the koyta (sickle)from his hand and PW 10 Khandagale and pw 11 Omase immediately took the accused in custody on the spot. Thereafter they entered the house and saw that Savitribai was lying dead in a pool of blood. The police personnel claim that on enquiries with the accused he reportedly stated that on account of quarrel with his wife- Savitribai he had committed her murder by inflicting multiple blows with sickle on her head and neck. PW 10 and PW 11 with Rambhau markad PW 1 took the accused to outpost bawada and a complaint (Exh. 22) at the behest of PW 1, was lodged against the accused. Arrest panchanama of the accused was drawn and again the police party came to village Chakati at about 6. 30 p. m. PW 21 Pandurang Waghmode also reached village chakati and took over the investigation from PW 10. He visited the scene of offence on 9-12-2000 and prepared the inquest panchanama of the dead body of Savitribai between 6. 30 to 7. 30 p. m. in the presence of panchas Mohan Markad and mrs. Tai Sarjerao Ghodke. The dead body was forwarded through constable Shinde for post-mortem to the Medical Officer Dr. Eknath Chandanshive PW 12 at the Rural hospital at Indapur. Autopsy was conducted on 10/12/2000 between 11. 30 a. m. to 11. 45 a. m. Sickle as well as the clothes on the person of the accused which were seized by a panchanama were forwarded for chemical analysis and CA reports were received at exhibits 54, 55 and 56. On completion of investigation charge-sheet was filed. Charge was framed on 26/11/2001 by the learned 2nd Addl. Sessions Judge at baramati against the accused.

(3.) THE prosecution examined in all 21 witnesses and almost all of them except the police personnel and the medical officer turned hostile. The prosecution case as accepted by the trial Court is thus based on the circumstantial evidence of PW 10 Shri bhanudas Khandagale, PW 11 Shri Dhanaji omase, PW 21 Pandurang Waghmode and pw 12 Dr. Eknath Chandanshive and supported by the ca reports. PW 1 Rambhau admitted the incident regarding the murder of Savitribai. At about 6 p. m. Head Constable Khandagale PW 10 had come to his house and along with him he had gone to outpost Bawada. He had also signed on a paper at the Police Station but did not know why his signature was obtained. He admitted that the complaint shown to him bore his signature and that he was in the Police station for about 10 to 15 minutes. He was declared hostile by the learned APP and was subjected to cross-examination during which he denied everything including filing of the complaint with the police outpost at bawada. PW 2 Tukaram Gaikwad admitted to have signed on the panchanama at two places but again turned hostile. PW 3 mohan Markad stated that on 10/12/2000 the police had visited village Chakati. He was called at the house of the accused and had seen the dead body of Savitribai lying inside the house in the pool of blood but he denied that anything was seized in his presence from the house of the accused. He was also declared hostile. PW 4 Shivaji Jadhav also stated that he was called by the police at the house of the accused and dead body of Savitribai was found lying in the pool of blood. However, except the dead body he had not seen anything else. He was declared hostile. PW 6 Ganisha Bagade is the elder daughter of the accused and PW 9 Anna mane is the son of the accused. Both of them turned hostile. It is, therefore, necessary to scan the evidence of PW 10, PW 11, PW 12 dr. Ekanath Chandanshive and PW 21, the investigating Officer. PW 12 Dr. Eknath chandanshive admitted to have conducted the post-mortem on the dead body brought to the Rural Hospital by Police Constable shinde on 9/12/2000 and the post-mortem was conducted on the next day between 11. 30 a. m. to 11. 45 a. m. On external examination he found the following injuries: