STATE OF MAHARASHTRA Vs. RATAN S/O. BABU KASABE
LAWS(BOM)-2017-6-171
HIGH COURT OF BOMBAY
Decided on June 27,2017

STATE OF MAHARASHTRA Appellant
VERSUS
Ratan S/O. Babu Kasabe Respondents

JUDGEMENT

S.S.SHINDE, J. - (1.) This appeal is filed by the State only against accused No.1/respondent, taking exception to the judgment and order passed by the Additional Sessions Judge, Latur, in Sessions Case No. 99 of 1999 on 08.08.2000.
(2.) The prosecution case is that victim - Sachin Hazare was the son of P.W.1-Laxmibai Hazare. Relations between the respondent and Laxmibai were strained. On 23.05.1999, P.W.5-Koli, A.S.I., Police Station, M.I.D.C. Area, Latur came to know that a dead body of a boy was floating in the well in the premises of Dayanand College, Latur. Hence, P.W.5-Koli registered A.D.No.21 of 1999 on the strength of report lodged by Peon of Dayanand College, Latur. This witness went to the spot and recorded inquest panchanama of the dead body vide Exh.14. He recorded spot panchanama (Exh.13) and sent dead body to Civil Hospital, Latur for postmortem. He recorded statements of the witnesses. The dead body was identified by P.W.1-Laxmibai in the Civil Hospital. Then P.W.1-Laxmibai lodged report against the respondent in Police Station, M.I.D.C. Area, Latur, that respondent-Ratan and original accused No.2 and Uttam had taken her son, namely, Sachin towards Dayanand College, Latur and they committed his murder by throwing him in the well. Deceased Sachin died because of drowning. The respondent and original accused No.2 are sons of original accused No.3Babu Kasabe. On the strength of said report, P.W.7-Budhwant, P.S.I., registered Offence vide Crime No.63 of 1999 against the original accused under sections 363, 302 read with 34 of the Indian Penal Code (for short "I.P.C."). He recorded the statements of the witnesses. During the course of investigation, he came to know that the original accused No.2 Uttam Kasabe used to give threats to P.W.1-Laxmibai and her husband. The accused were threatening P.W.1-Laxmibai that they would commit murder of any member of her family. Thus, P.W.7-P. S.I. Budhwant came to the conclusion that P.W.1-Laxmibai suspected in the report that the accused must have committed murder of her son - Sachin. After completion of investigation, the P.S.O., Police Station, M.I.D.C. Area, Latur submitted charge sheet against the accused for the offences punishable under sections 363, 302 read with section 34 of the I.P.C. in the Court of learned Chief Judicial Magistrate, Latur. The learned Chief Judicial Magistrate, Latur committed the said case to the Court of Sessions, because the offence punishable under section 302 of I.P.C. is exclusively triable by the Court of Sessions.
(3.) The charge vide Exh.3 has been framed against the accused for the offences punishable under sections 363, 302 read with section 34 of the I.P.C. They pleaded not guilty to the charge. Their plea was of total denial. In their statement recorded under section 313 of Cr.P.C., the original accused stated that false case has been filed against them.;


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