GANESH S/O SOMAJI PITHALE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Ganesh S/O Somaji Pithale
STATE OF MAHARASHTRA
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M. G. Giratkar, J. -
(1.) Appellant has assailed the judgment of conviction awarded by learned Sessions Judge, Gadchiroli dated 24-6-2016 in Sessions Case No. 60/2011 for the offences punishable under Sections 302, 392 and 201 of the Indian Penal Code. The appellant is sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 302 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 392 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 201 of the Indian Penal Code.
(2.) The case of the prosecution against the appellant in short is as under.
(i) Deceased Akbarbhai was running a grocery shop at Gadchiroli. He used to sell grocery articles to the residents of Gadchiroli and also adjoining villages. It is alleged that accused used to purchase grocery articles from the shop of deceased. Since December, 2010, appellant did not purchase grocery articles from the shop of deceased. There was an outstanding amount of Rs. 20,611/- against the appellant. Deceased went to the house of appellant for the recovery of said amount on 26-3-2011. Appellant robbed deceased and killed him. Brother of deceased Asif Wadsariya lodged missing report. Thereafter, he found dead body in Gitti khadan (metal mines). Complainant Asif lodged the report on 27-3-2011 alleging that unknown persons committed murder of his brother Akbarbhai. Crime was registered.
(ii) Investigating Officer Ingawale went to the spot of incident, prepared spot panchanama, Exhibit 70 in presence of panchas. He seized one knife, one belt from the spot of incident, prepared inquest panchanama and sent dead body for postmortem. During investigation, he arrested appellant. He has recorded confessional statement (Exhibit 44), recovered weapon and other articles those were seized as per seizure panchanama, Exhibit 45. Investigating Officer recorded statements of witnesses, sent seized property to Chemical Analyser, Nagpur and after complete investigation, filed charge-sheet before the Chief Judicial Magistrate, Gadchiroli. The same was committed to the Court of Sessions, Gadchiroli for trial.
(iii) Charge was framed against the accused at Exhibit 26. Same was readover and explained to the appellant. Appellant pleaded not guilty and claimed to be tried. His defence appears to be of total denial and false implication.
(iv) The prosecution has examined following witnesses.
(1) P.W. 1 Asif Abdulbhai Wadsariya (Exhibit 35)
(2) P.W. 2 Keshav Suresh Latelwar (Exhibit 39)
(3) P.W. 3 Karim Sadruddin Budhwani (Exhibit 42)
(4) P.W. 4 Shri Chandrabhan Balaji Sahare (Exhibit 50)
(5) P.W. 5 Gulam Sadiq Gulam Sheikh (Exhibit 58)
(6) P.W. 6 Jivan Bhikhaji Khedekar (Exhibit 59)
(7) P.W. 7 Ashok Sakharam Bawne (Exhibit 62)
(8) P.W. 8 Hasan Ali Jafarbhai Gilani (Exhibit 69)
(9) P.W. 9 Vijay Madhavrao Bhavare (Exhibit 77)
(10) P.W. 10 Mangesh Eknath Chafale (Exhibit 80-A)
(11) P.W. 11 Shri Sachin Shivaji Ingawale (Exhibit 81)
(12) P.W. 12 Dr. Tushar Shankarrao Dhavale (Exhibit 97) and
(13) P.W. 13 Dr. Tushar Mukhiram Dahake (Exhibit 107)
(v) After hearing the prosecution and defence, learned trial Court convicted the accused/appellant as stated above.
(3.) Heard learned counsel Shri R. M. Daga for the appellant. He has submitted that the case of the prosecution is based on circumstantial evidence. Learned trial Court taken into consideration following circumstances.
(1) Appellant was last seen with deceased
(2) Motive and
(3) Recovery of weapon.;
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