HARISHCHANDRA LADAKU THANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Bombay High Court upholding the conviction of accused appellant for the offences punishable under Sections 302 and 394 of the Indian Penal Code, 1860 (in short the IPC).

(2.) The trial Court i.e. learned Sessions Judge, Thane in Sessions Case No.586/89 found the accused guilty of the aforesaid offences and sentenced the accused to undergo rigorous imprisonment for life and 5 years respectively with default stipulation.

(3.) Background facts in a nutshell are as follows: On 1.7.1989 Dwarkabai (hereinafter referred to as the deceased) had gone to her field alongwith Sulbha (PW-2). As the latter was fasting as it happened to be a Monday, she was asked by the deceased to return home. Her son (PW-1) and his brother had gone out for some other work. When they returned they did not find their mother around 6.00 p.m. and therefore PW-1 asked his wife (PW-2) as to where their mother was. She replied that deceased had asked her to return home. Then PW-1 and others searched for his mother but did not find her that day and on the next two days and on 4.7.1989 he went to his sisters house and returned on 5.7.1989 when the FIR was lodged of accidental death. Subsequently, on 6.7.89 the accused was arrested and recoveries of sickle, the weapon of assault and some ornaments were made on the basis of the alleged disclosure made by the appellant. After completion of investigation charge sheet was filed and the accused faced trial. There was a motive indicated for the commission of the crime i.e. threat given by the accused to teach the deceased a lesson for not paying his dues. Certain circumstances were highlighted by the prosecution to substantiate its accusations. The trial Court found the circumstances to be sufficient to fasten the guilt on the accused and accordingly the conviction was recorded.