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In the High Court of Bombay at Aurangabad
NARESH H. PATIL & A.I.S. CHEEMA, JJ.
Shivaji Nanasaheb Shinde
Versus
The State of Maharashtra
Criminal Appeal No. 229 of 2000
Decided on : 19-08-2013
Indian Penal Code - Conviction under Sections 302 and 201 - Summary of Acts and Sections: IPC 1860, Sections 302, 201 - The court discussed the evidence and circumstances surrounding the case, including the motive, last seen together, medical evidence, and the accused's false report to the police. The court found the accused guilty of murder and giving false information to screen himself from the crime.
Fact of the Case:
The accused was convicted for offences under Sections 302 and 201 of the Indian Penal Code. The prosecution's case involved the accused's false report of his wife's abduction and subsequent discovery of her dead body. The accused claimed that his wife was abducted by thieves, but evidence suggested his involvement in her murder.
Finding of the Court:
The court found the accused guilty of murder and giving false information to screen himself from the crime. The court analyzed the evidence, including the motive, last seen together, medical evidence, and the accused's false report to the police, and concluded that the accused had murdered his wife and created a false scene to evade punishment.
Issues: The issues included the credibility of the accused's explanation, the time of death, the motive, and the evidence of last seen together. The court also considered the medical evidence and the accused's conduct following the alleged incident.
Ratio Decidendi: The court relied on the principle that the absence of a motive is a relevant circumstance, and the accused's conduct, including giving false information to the police, was considered as evidence of his guilt. The court also emphasized the importance of the accused's failure to provide a plausible explanation for the events.
Final Decision: The appeal was dismissed, and the accused was ordered to surrender to his bail bonds. The court upheld the conviction and sentence passed by the trial court.
A.I.S. Cheema, J.
1. The appellant-accused Shivaji Nanasaheb Shinde has been convicted for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (“IPC” in brief) by Judgment dated 12.05.2000 by Additional Sessions Judge Kopargaon, in Sessions Case No.2/2000. For offence under Section 302 of IPC, he has been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- and in default to suffer simple imprisonment for one year. For offence punishable under Section 201 of IPC, he has been sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- and in default to suffer simple imprisonment for six months.
Case of the Prosecution
2. Case of the prosecution in brief may be stated to be as under:-
(a) In the night between 05.10.1999 to 06.10.1999, the Head Constable Prakash Eknath Taware of Police Station, Kopargaon received memo from Medical Officer, Kopargaon that Shivaji Nanasaheb Shinde (later on made accused) was admitted in the hospital with history of assault by thieves. Police Constable then went to the hospital which is near Police Station and recorded the statement of Shivaji. He informed that he resides at Chandgavan, Tq. Kopargaon and works at Kopargaon and in the prior evening i.e. on 05.10.1999 he had picked up his wife Shaila from Laxminagar, Kopargaon from the place of brother-in-law Subhash Namdeo Shelke, and was proceeding towards his house. He had cycle. He and his wife Shaila were proceeding by foot towards Chandgavan and reached corner where roads go towards JeurPatoda and Chandgavan. Suddenly, some unknown persons came in-front of him and without saying anything kicked and boxed him in his stomach and threatened that they will stab him with knife and so saying put him down. Because those four unknown persons beat him, he suffered “Mukamar” (i.e. non visible injury) and he became unconscious. Time was about 9.15 in the evening. He gained consciousness after 23 hours and found that his wife was not there. He complained that those four unknown persons have abducted his wife aged 19 years after beating him. He said that he was unable to give description of those four persons. Nothing was stolen from him.
(b) The Head Constable Prakash Taware registered offence at Crime No. 203/1999 under Sections 366, 323, 506 read with Section 34 of IPC at 5.30 a.m. Later on, the Police Station Kopargaon received anonymous telephone call informing that dead body of a female was seen near kiln of Kopargaon Shivar near Godavari river where the wild “Babhul” trees are there. P.I. Mohan Zine visited the spot which was near Shiv i.e. boundary of Kopargaon Shivar and JeurPatoda. It was isolated marshy spot with wild “Babhul” trees spread at different places. The body of Shaila, wife of accused was discovered. She was identified by father of accused. She appeared to have been done to death using her Saree as ligature. Police prepared inquest panchanama and spot panchanama on the spot. Photographs of the spot and dead body were also taken. Dead body had been left on the spot in a manner exposing her private parts as chest by leaving her blouse open and Saree and petticoat raised. At some distance from the spot, in addition to articles of deceased, used Condom as well as a button of shirt were also found. Considering particulars of the spot and inquest, P.I. Mohan concluded that the lady had been killed by using her Saree as ligature and then dragging her. Once dead body was found, the offence under Section 302 of IPC was added in the crime. The postmortem was got done and Police started investigation. By evening of 06.10.1999 police arrested the accused for the offence. His clothes were seized which had blood stains and also stains of “Chikhal” i.e. mud mixed with water, or say muck. On 07.10.1999, the accused gave discoveries of the cloth bags which had clothes of the deceased. Police seized the same from wild “Babhul” trees near the spot. The deceased was carrying thes
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