Mohan Anna Chavan vs State Of Maharashtra

The accused led the police to the well and the dead-body of Neelam was found floating in the water of the well and it was taken out. Thereafter, the inquest panchnama (Exhibit-15) was prepared in presence of panchas by PSI Deshpande (PW.15). He had also prepared the panchnama of the well (Exhibit-34). The dead-body of Neelam was forwarded to the Medical Officer, for the purpose of post-mortem examination. The accused was taken to the police station as panchnama of 6 his arrest and seizure of blood stained clothes which were on his person at the time of arrest was prepared. He was interrogated in the presence of` panch witnesses including panch witness (PW1), Mohammed Rafik Sayyed Mulla. At about 2.00 p.m accused stated that he had concealed the dead body of Gauri near Kalkache-Bet near Chauyndi stream and he was ready to point out the same and he also stated that he would show the spots where he had molested the two girls. Accordingly this information was reduced into writing in the form of memorandum (Exh.31) and then the accused led the police party and panch witnesses and the accused had showed the places where he had committed rape on Neelam and Gauri. At the spot where he committed rape on Neelam, the earth was found disturbed and the earth was found bloodstained, pieces of green bangles and half burnt Bidis, were also found on the spot, which were duly seized by the Police. At the spot where he committed rape on Gauri, the earth and some leaves of hybrid plant were found stained with blood. Thereafter, the accused led them to one Kalkache-Bet 7 and showed the dead body of Gauri which was concealed in the "Kalkache-bet" i.e. a place where bamboo trees and bushes had grown thickly together. Accordingly the discovery panchnama (Exh.32) was prepared and inquest panchnama of the dead body of Gauri was prepared as per panchnama (Exhibit-16). Ligature marks were seen on the neck of Gauri which were noted in the inquest panchnama. Thereafter, the dead body of Gauri was forwarded to the medical officer for the purpose of post mortem examination. After the arrest the accused was sent for medical examination. And his nail clippings and blood sample was obtained and that was sent to the Chemical Analyser. On 25.12.1999, the accused was again interrogated in presence of the panch witnesses including Shivaji Nalawada (P.W.3) and the accused had furnished information that he had concealed the frocks of both the girls in the bushes near Chaundi stream and he was ready to point out the same. This information was reduced into writing in the form of memorandum (Exh. 37). Pursuant to the said information, two frocks came to be recovered at the instance 8 of the accused. After the investigation was over the charge sheet came to be filed.

Trial court considered all the circumstances to be a complete chain to unerringly pointing at the guilt of the accused appellant. Accordingly, the conviction was recorded. Appellant was awarded death sentence for the offence punishable under Section 302 IPC while custodial sentences were imposed for the offences punishable under Sections 363, 10 376 and 201 IPC. Appellant questioned correctness of the judgment before the High Court and as noted above a reference was made by the trial court in view of the death sentence imposed.

33. What is culled out from the decisions noted above is that while deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up.

35. The case at hand falls in the rarest of rare category. The past instances highlighted above, the depraved acts of the accused call for only one sentence that is death sentence.

36. Looked at from any angle the judgment of the High Court, confirming the conviction and sentence imposed by the trial court, do not warrant any interference. 39

37. We record our appreciation for the able assistance rendered by learned amicus curiae in the true spirit of friend and officer of the Court.

38. The appeal fails and is dismissed.