Mahesh S/O Janardhan Gonnade vs State Of Maharashtra

2. Brief facts, which led to the trial of the accused, are as follows:-

Archana and Rupesh at the site of the river, allegedly uttered "Sali Sunita Yevdha Prem Asun Aaj Ekda Sudha Mazyakade Pahile Nahi" to PW-Rajesh. The prosecution alleged that on the same day, the appellant had kept a gun and one bag at the house of Laxmibai (PW-2) in the presence of Bilkish Begum (PW-3), a neighbour of PW-2 on the pretext that he would collect these articles in the evening for hunting purpose. The appellant and PW-Rajesh returned to their respective houses in the evening. After some time, the appellant armed with a gun and knife came back to the place of incident and fire shot in the back of Sanjay, who, as a result of bleeding injury, uttered 'Are Bapre' and then laid on the road side. Sunita and Nirmalabai both tried to extend help to injured Sanjay, but the appellant came near them, pulled Sunita's hair and stabbed her on vital parts of head, neck and back. Sunita collapsed on receipt of severe injuries. Nirmalabai tried to save her daughter Sunita, but the appellant struck knife blows to Nirmalabai also. The appellant, on seeing the gathering of people at the scene of occurrence, ran away leaving all the three injured persons on the spot.

10), Medical Officer. Sunita could not survive and succumbed to the injuries in the evening around 7.15 p.m. Dr. Laxman sent a memo to the Police Station, Paoni, regarding admission of the injured persons. PW-Sanjay and Nirmalabai were transferred to Medical College, Nagpur, at about 7.45 p.m. for proper medical treatment.

4. PW-Prakash at about 7.30 p.m. lodged a written complaint (Ext. 28) at Paoni Police Station, on the basis of which First Information Report bearing Crime No.34/1988 (Ext. 29) was registered by PSI Dhimole (PW-18) under Sections 302 and 307 of the IPC. PW-Dhimole started investigation. He tried to get the dying declaration of Sunita and statements of injured Sanjay and Nirmalabai recorded, but at the relevant time he could not get the services of any Executive Magistrate readily available for the purpose. The Investigating Officer conducted inquest on the dead body of Sunita. He arrested the appellant on the same day at about 7.30 p.m. The appellant allegedly made a disclosure statement to the Investigating Officer expressing his willingness to point out the place where a gun and one knife were concealed by him. The appellant took the Police and the Panch witnesses, namely, Vithoba Khobragade (PW-9), a Legal Practitioner, and Harihar Barsagade (PW-13) to his house and got the weapons of offence recovered therefrom. The articles were seized by the Investigating Officer vide Panchnama (Ext. 43).

7. On examination of Nirmalabai, Dr. Laxman noticed the following injuries on her person:-

8. The Investigating Officer collected the post mortem report (Ext. 62) of Sunita, her Injury Certificate (Ext. 54), Injury Certificate of PW-Sanjay (Ext. 55) and Injury Certificate of PW- Nirmalabai (Ext. 56) respectively. At the Medical College Hospital at Nagpur, some pellets of gun fire were taken out of the body of PW-Sanjay. The Investigating Officer collected samples of nails of the appellant in the presence of Panch witnesses and the same were sent to the Chemical Analyser.

11. The prosecution examined as many as 18 witnesses in support of its case. In the statement under Section 313 of Cr.P.C., the appellant has denied his involvement in the crime. He pleaded that the prosecution witnesses are inimical towards him. He admitted that on the day of incident at about 5.00 to 5.30 p.m., he along with PW-Rajesh had gone on a motorcycle towards river side for evening walk and thereafter they went to a small hillock in the vicinity and stayed there for about 1 = hours. They kept motorcycle near one Hotel, where they had taken tea and when they were walking on a small hill, they heard sound of blasting of cracker and thereafter they returned to their respective houses. The appellant also stated that when he came to his house, some people told that murder had taken place. The defence of the appellant was that he was arrested on suspicion by the Police on account of old quarrel with the grandfather of deceased Sunita and he pleaded innocence.

50. In the result, there is no merit in this appeal and it is, accordingly, dismissed.