Case: Sakharam Shankar Bansode Vs. State of Maharashtra

2. The sole accused in the case is the, appellant. He is convicted under section 302, Indian Penal Code and sentenced to undergo imprisonment for life for the offence of committing the murder of one Nirmala. The occurrence is said to have taken place in ad building near thee where she was working as a maid servant in one of the flats. The deceased was the wife of PW 5 and they were residing in Chembur, Bombay and the accused was residing in the adjacent hut along with his mother and younger brother.5 suspected that the accused had developed illicit intimacy with the deceased and also slapped him and asked him not to visit his house. About a month thereafter,5 went to his native place at Satara, leaving his wife at Bombay. The accused tried to renew the illicit intimacy with wife of5 but she did not respond. Two days prior to the incident, the accused threatened the deceased with dire consequences in case she did not leave her husband and children and join him. The deceased told her sister) about the threat given by the accused. On the day of occurrence,, the deceased went to the house of3 and worked there as at up to 11.00 a.m. and left the place thereafter and she was found dead with several incised wounds in a pool of blood at the landing place of first floor of the building in the Sindhi Society, Chembur., owner of the building informed the police. A case was registered, inquest was held and the dead body was sent for. The doctor found several incised wounds which were fatal. The A.P.I Baware, investigated the case and recorded the statements of PWs. 1, 2, 9 and 6. P.W. 12, Head Constable was deputed to trace the accused. But the accused was found absconding. On7 it is alleged that the accused visited the house of, who is supposed to be his friend and was residing there at Pravaranagarabout 350 kms. away from Bombay.1 deposed that the accused came to his house and had meal with him while taking rest, the accused confessed that he committed the murder of the deceased because he was infatuated towards her and since she refused to share his company. Soon after, the accused left the place taking Rs. 2.00 from. On, the Head Constable) contacted1 and coming to know about thel confession made by the accused recordeds statement and went in search of the accused and ultimately arrested him in a different village on7 and was produced before the investigating officer. He seized thed clothes of the accused on, which, according to the prosecution, the accused was still wearing. It is further alleged that at the instance of the accused, the dagger was recovered from a. Oncompletion of the investigation, thet was laid3. The accused totally denied the offence and stated that a false case has been put up against him. He also denied that he made a confession to1 about the alleged crime. The trial Court relied upon the circumstances viz., the motive, recovery of the dagger and alsod cloth and retracted extra judicial confession

Reasoning: Though he has stated that he informed his mother but no statement of the mother has been recorded as such.1 further deposed that on7 the accused was living in the village on which date he was arrested. But he has not stated so before the police. This conduct of1 throws any amount of suspicion on his veracity. Unless we are satisfied that thel confession itself is true, voluntary and reliable we cannot proceed further to examine whether there is any other independent corroborative evidence. There are many suspicious features in the evidence of. It becomes highly doubtful as to why the accused should cover such a long distance and go all the way to1 to confess his crime and then immediately leave his house. This is a retractedl confession which is the sole basis on which both the courts have relied and based the conviction. We are not satisfied with the evidence of1 and his conduct also throws any amount of doubt about the truthfulness and the version given by him. If P.W. 11s evidence becomes unreliable, then there is no other circumstances to connect the accused with the crime.