Sudam @ Rahul Kaniram Jadhav vs State Of Maharashtra

2. Residents of Rupla Naik Tanda, a remote village in District Nanded in the State of Maharashtra were horrified when few of its natives found four dead bodies floating in the village pond in the morning of 21st August, 2007. A male child of six years alongwith a female child of ten years and another female child of ten years alongwith a male child of two to four years were tied separately. P.W.1 Yashwant Jadhav, Inspector of Rupla Naik Tanda outpost came to know about the presence of dead-bodies in the pond through a villager and reached there at 8.00 A.M. There besides the aforesaid dead-bodies, he found the body of an unidentified woman with Mangalsutra on her neck below a boulder. He accordingly informed the Mahur Police Station and on that basis crime under Section 302 and 201 of the Indian Penal Code was registered and the investigation was entrusted to the Police Inspector Parmeshwar Munde (P.W.14). He went to the spot took out the dead bodies from the Pond and prepared the inquest reports. During the course of investigation, Maroti Madavi identified the dead body of the woman to be his daughter, Anita and the two children of deceased Anita born to her from the first husband and two children from the appellant herein. Search was made to apprehend the appellant but he was not found till 24th August, 2007. During the course of investigation, it further transpired that the deceased Anita who was living with the appellant as his wife had come to know about his illicit relationship with P.W.6, Muktabai. The deceased used to protest the said relationship. This relationship led to serious dispute amongst deceased Anita, Muktabai and the appellant. Appellant orally divorced Muktabai and agreed to pay Rs.15,000/- to her. It was the deceased Anita who promised to pay the amount. Thereafter, Muktabai went to her village and the appellant the deceased Anita and the four children came to Juna Pani where because of the strained relationship, appellant committed the murder of Anita and the four children.

8. PW.5, Anusayabai is the mother of the deceased and she has stated in her evidence that her daughter Anita was earlier married to one Anil Gedam and they were blessed with two children. Because of differences, he deserted Anita and the deceased thereafter started residing with her. According to her evidence, Anita suddenly left her house with the children and she did not make any enquiry as she thought that she had gone to her husband's place. After few days, according to this witness she came to know that the deceased was not residing with her husband Anil but in fact residing with the appellant. She went to the house of the appellant, saw the deceased along with her children residing there. According to her evidence when she came to know about the dead bodies of the children floating in the Pond she went there and identified the dead bodies. They were the two children of the deceased and her husband Anil, and other two children of the deceased and the appellant. She also found the dead body of her daughter Anita there.

10. Muktabai has further deposed in her evidence that after some time the appellant came to her house and on being questioned, he disclosed that he was being harassed by the deceased Anita. Appellant further disclosed to this witness Muktabai that the two children were his from Anita. The deceased requested this witness to release the appellant, whereupon appellant undertook to maintain both PW.6, Muktabai and the deceased Anita but later refused to accept the aforesaid proposal. According to her, appellant orally divorced her and promised to give her Rs.15,000/-. Thereafter, according to this witness, Anita alongwith children went with the appellant. Few days thereafter, the Police came to her house and enquired the whereabouts of the appellant and the deceased. She was shown the photographs of four children and the deceased Anita. This witness has further stated that after few days, appellant returned and on being asked, he disclosed that he had committed the murder of Anita and four children as Anita was harassing him.

15. In the result, we do not find any merit in these appeals and the same are dismissed accordingly.

PRASAD) NEW DELHI, JULY 4, 2011.