PRAKASH D.NAIK,J. - (1.) The appellant and accused No.2 were prosecuted for the offence under Section 302, 201 r/w. 109 of Indian Penal Code (for short " IPC "). The First Information Report (for short "FIR") was registered vide C.R.No. 222 of 2012 registered with Ghatkopar Police Station.
(2.) The case of the prosecution is as under: a) On 16th July 2012 message was received by Asst. Sub- Inspector Mr. Jagannath Maroti Shinde (PW-4) attached to Ghatkopar Police Station, from control room that one female was lying in a drainage near Balasaheb Desai Colony, Ghatkopar. He proceeded to the said spot. It was a gutter in front of Home Guard Training Center, Ghatkopar West Mumbai. Body of female was found in the drainage. b) Fire Brigade was called and body of the female was taken out. It was taken to Rajawadi Hospital by mobile van of Ghatkopar Police Station. Medical Officer at Rajawadi Hospital examined the body and found that the female was brought dead. c) Inquest Panchnama Exh.36 was prepared on 16 th June 2012 in presence of two panch witnesses, one of whom was Salma Ayuf Khan (PW-9). There was green top and black salvar on the dead body. One metal finger ring, mangalsutra, ear ring and painjan was found on the person of deceased. These articles and the clothes were removed from dead body before sending it for post-mortem. Clothes and articles were seized by panchnama (Exh.24), prepared on 16 th June 2012, in presence of two panch witnesses one of whom was Indrajit Azhad (PW-5). d) Mr. Rajkumar Vishnu Kothmire P.I (PW-8) was attached to Ghatkopar Police Station at the relevant time. Photograph of the dead body were clicked before sending it for post- mortem since the body was not identified. He gave photograph of the body for publishing in newspaper. It was published in Gujarati, Daily "Metro Mirror" through Mr Jignesh Jagdish Pathak (Court Witness). Initially accidental death case No. 120 of 2012 was registered. Post-mortem report was received. Opinion was reserved. After receipt of report from Forensic Laboratory regarding viscera, cause of death was given as "Hemorrhagic shock due to head injury with skull bone fracture (un-natural)". e) The photograph of dead body published in the newspaper was noticed by Mr. Allauddin Hafizullah Maniyar (P.W-1). He suspected that photograph is of his sister Jugara. He was working at Bhivandi, District-Thane. He went to Ghatkopar Police Station and met Mr. Kothmire. He was taken to mortuary. He identified the dead body to be that of his sister Jugara. After identification of the dead body, statement of P.W-1 was recorded and FIR was registered on 26 th July 2012. f) P.W-1 is the brother of deceased. According to him Jugara was married to accused No.1 (Appellant) six years prior to the incident and she was residing at Gaudi Bajar, Uttar Pradesh. The accused was suspecting that she was having relation with person named Mubarak. She was ill-treated. On 06th July 2012, accused No.1 left the native place along with deceased and their son. While leaving village, he informed that, he was leaving for Mumbai. On 17 th July 2012, accused No.1 returned to village along with his son. On inquiry by family members of P.W-1, he informed that Jugara ran away. g) Investigating team went to native place of accused at Gaudihawa, Misaroliya Janpad, District- Siddharth Nagar, Uttar Pradesh. Accused No.2 is father of accused No.1. He aided and abetted accused No.1. Both were arrested and brought to Mumbai. h) During investigation house of accused at Borivali was searched on 31st July 2012, in the presence of panch witnesses. Mr. Salim Mehmood Sayyed (PW-10) was one of the panch witness. One rexine bag containing clothes of deceased, other clothes and imitation jewellery was found. Photograph of deceased was also found. These articles were seized by panchnama (Exh.37). On 01 st August 2012, accused No.1 made voluntary statement in the presence of two panch witnesses, Investigating Officer and expressed his desire to show the brick used in the crime and place where brick and the clothes on his person at a time of committing crime were kept. P.W-6 Munna Chowdhary is one of the panch witness to panchnama marked as Exh. 27 and 28. The accused, panchas and police went to the place where dead body was found. Brick was taken out by the accused from the bushes near the gutter. The accused took the police and panchas to the room of his friend Jaganu and took out shirt and pant which was handed over to the police. i) The brother of accused produced mobile containing sim card of accused No.1, which was seized by Investigating Officer by panchnama Exh.38. Call details record of sim card was collected and it was found that, location of the accused at the relevant time of incident was near the place of incident and there was communication between accused No.1 and accused No.2 at around the time of incident. Statements of witnesses were recorded. On completing investigation chargesheet was filed on 22nd October 2012. The case was committed to the Court of Sessions by Committal Order dated 01st November 2012.
(3.) The charge was framed against accused Nos.1 and 2. The charge against accused No.1 is that, he being husband of deceased Jugara commited murder intentionally or knowingly causing death of Jugara on 15th July 2012, at about 1:00 midnight, at Azhad Nagar, Ghatkopar West and thereby committed offence under Section 302 of the I.P.C. On the aforesaid date, time and place knowing or having reason to believe that offence punishable with imprisonment have been committed, the accused caused evidence of said offence to disappear by disposing the body of deceased Jugara in gutter and thereby committed offence punishable under Section 201 of I.P.C. Prior to 15th July 2012, the accused No.1 committed murder and accused No.2 father-in-law of Jugara, abetted accused No.1 in the commission of the offence of murder, which offence was committed in consequence of abetment. Thus, accused committed offence punishable under Section 302 r/w. Section 109 of IPC.;