Barku Bhavrao Bhaskar vs State Of Maharashtra

2. The case of the prosecution as projected before the trial Court, to be stated in a nutshell was that the deceased was a female child aged about 6 years and was the daughter of the complainant PW-1. The accused was also related to the family of PW-1. PW-1 used to undertake masonry work. The appellant also worked under PW-1 on certain occasions and according to PW-1, as supported by the version of his brother PW-5, there was some dispute relating to payment received by the appellant, by way of wages and for which no services were rendered by him. It is the case of the prosecution that the appellant was responsible for the killing of the deceased Rakhi, daughter of PW-1 and the motive attributed for such killing was the wage dispute that was pending between the appellant and PW-1. The occurrence took place on 03.12.2000.

3. According to the prosecution, the mother of the deceased, PW-3, had seen the deceased in the company of the appellant at around 10.30 am at her residence when the appellant said to have fed sugarcane to the child Rakhi. PW-3 at that time was stated to be washing the clothes and after completing her domestic work, she noticed that both of them were not present in the house. At around 1.15 pm, according to PW-7, a sweet vendor in that area had an occasion to see the appellant and the deceased, since the appellant bought some sweets in his shop for the deceased. Thereafter, in the evening, after PW-1 returned back from his work, he found that the deceased Rakhi was not at home. He then along with his brother PW-5 and one Balvant PW-4, went to the house of appellant but they could not find the child over there. PW-3 informed that she saw the child in the company of the appellant and that since the appellant was nowhere to be found she felt that the accused might have taken the deceased Rakhi to the village Kakane, as he was earlier stating that he wish to take the child to the village to see his mother who happened to be the grand-mother of the child. The complainant PW-1 along with PW-4, stated to have gone to the village Kakane and made enquiries about the missing child Rakhi but neither the accused nor the deceased were found there. Thereafter, in the evening, PW-1 came to know that appellant was seen taking the child along with him by one Mohna, another child of the same age group as the deceased. PW-1 once again went back to the village and brought the appellant to his house and on his way back, the appellant appeared to have made an extra-judicial confession by stating that if he was not beaten, he would tell the truth and so saying revealed that he had killed the child on account of the wage dispute as between him and PW-

4. Thereafter, the appellant was taken to the police station, where a complaint Ext.1 was lodged wherefrom, the appellant took the policeman along with PW-1 and 7-8 others to Patvihir Shivar area in the Jeep, where the appellant identified the spot of the incident. At the instance of the appellant, the dead body of the deceased Rakhi was recovered by removing the stones and it was found that the deceased had sustained bleeding injuries on her head and ear and that at that point of time she was wearing her school uniform. Further, at the instance of the appellant, in the presence of PW-2, a panch witness, the blood stained shirt of the accused was also recovered under Exts.16 and 17. The said shirt was recovered at a location on Khedgaon road, about two furlongs away from the village Nakode and it was found hidden under a stone. In support of the prosecution, as many as nine witnesses were examined and several exhibits were marked.

18. Having regard to such overwhelming evidence available on record, which proved every one of the circumstances put against the appellant and which has been examined in detail by the trial Court as well as by the High Court, we do not find any merit in this appeal. The appeal fails, the same is dismissed.

July 25, 2013.