ASHOK BHUSHAN, J. - (1.) These two appeals have been filed against the judgment of the Bombay High Court dated 21.07.2011 dismissing three criminal appeals filed by three Signature Not Verified accused questioning their conviction and sentence Digitally signed by NIDHI AHUJA imposed by the Additional District Judge, Satara by Date: 2017.09.22 18:19:17 IST Reason: judgment dated 04.03.2004 by which they were sentenced to suffer rigorous imprisonment for life and to pay fine for the offence punishable under Section 302 read with 34 IPC and further to RI for three years and fine for offence under Section 201 read with 34 IPC and for three years and fine for offence under Section 120B IPC.
(2.) The facts of the case are: Accused No.1, Shantanu married deceased Supriya on 28.04.1999. Their daughter, Mrunal was born on 22.03.2000. Both, Shantanu and Supriya belong to same place that is Karad. With effect from 10.12.2000 Supriya along with her daughter was living at her parents' house which was in Karad itself. On 23.12.2000, Shantanu came to Supriya's parents' house and took Supriya for a ride in car in the evening at about 8.30 p.m. Shantanu took Supriya hurriedly without even permitting her to change her nightgown which she wore at that time. Supriya along with her daughter aged about 9 months sat in the Fiat Car of Shantanu driven by him. When till 10 p.m. Shantanu did not return, Bhalachandra Phadnis (PW.29), father of Supriya made a telephone call at the house of Shantanu enquiring about Supriya. He was told that they have not returned to the house. At about 10.30 p.m., near Shamgaon Ghat, Shantanu carrying her minor daughter waved one Shambhaji Mane (PW.6) to stop, who was riding a motorcycle. Shamgaon Ghat was about 19 kms. from Karad; Shambhaji Mane, who was returning from Karad to his residence did not stop the motorcycle but halted at Shamgaon village and told the incident of waiving hands by a man to 10/12 boys who were sitting near a fire place. After 10 to 15 minutes Shantanu carrying her minor daughter, riding one goods truck came at the place where Shambhaji Mane and 10 to 12 boys were standing. Shantanu told Shambhaji Mane, PW.6 that he, his wife and her daughter who were travelling by car near Shamgaonghat were robbed and assaulted by three persons and his wife was still laying in the car. Shambhaji Mane, PW.6 along with certain persons went to place of occurrence and found Supriya laying in the car in unconscious condition. Shantanu along with her daughter were also taken to the place of occurrence, by that time Supriya had died. Police was informed. Shantanu and her minor daughter were taken to the Police Out Post. On the information of Shambhaji Mane crime case under Section 394 and 302 IPC was registered. Shantanu was admitted in Hospital and after he was released from the Hospital, he was interrogated by the IO, PW.30, P.S.I. Mhase. On the basis of the interrogation, on 30.12.2000, the Police arrested Shantanu and two other persons A2, Rafik and A3, Deepak @ Ganesh S. Patil. At the instance of A2, on 30.12.2000 itself, recovery of an amount of Rs.1,000/­ from his house and recovery of gold jewellery which Supriya was wearing at the time of occurrence was made from his neighbourer, Damodar Gade. At the instance of A2, recovery of further stick, piece of rope, knife and other articles was made. All the articles were photographed by PW.22, Shantaram Shinde. Certain recoveries were also made at the instance of A3. Accused were charge­sheeted. Prosecution produced 30 witnesses to prove guilt. Autopsy and postmortem of body of Supriya was done on 24th December, morning. Postmortem report indicated following injuries on the dead body of deceased Supriya: (1) Ligature mark on anterior aspect of neck on thyroid cartilage upper 1/3 going midline, horizontally on either side crossing midline marging towards right side measuring about 11cm x 3/4th cm red in colour. (2) Ligature mark below cricoid cartilage 2 cm below injury no.1 going horizontally on either side encircling lower part of neck cricold cartilage measuring 25 cm. 3/4th cm red in colour cut section of both ligature mark shows white glistering. Parchment paper like band haematoma on both side present neck venus full of blood. (3) Contusion 1/2 below injury no.2 on right side 2.5 cm x 0.5 cm red in colour. (4) Contusion on post part of neck L/3 left side 1.5 cm x 1 cm red in colour. (5) Abrasion on post part of neck right on trapozious muscle lower part of neck, 2 in number 1/2 cm apart from each other measuring 1 cm - 0.75 cm red in colour. (6) Abrasion on lower end of left ear lobule 1/2 cm x 1/4 cm red in colour."
(3.) The trial court after hearing and considering the evidence on record convicted the accused and sentenced all the three accused as noted above. All the three accused filed criminal appeals before the High Court which have been dismissed by the High Court by a common judgment. Only accused Nos.1 and 3 have come up before this Court by filing criminal appeals. A2 has not even challenged the judgment of the High Court.;