IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, VIBHA KANKANWADI, JJ.
Anil s/o Kundlik Korde - Appellant
Versus
The State of Maharashtra - Respondent
Criminal Appeal No. 247 of 2017 with Criminal Appeal No. 416 of 2016 with Criminal Appeal No. 375 of 2016
Decided On : 24-11-2018
Guilty of committing murder - Permission to marriage – Threaten to kill- Indian Penal Code 1860 - Section 302 , 34 , 201 - All these appeals have been filed to challenge Judgment and order passed in Sessions Case by learned Sessions Judge, , and therefore they are proposed to be disposed of by this common Judgment - Criminal Appeal is filed by original accused No - 1 - He has been held guilty and convicted for offences punishable under S 302 read with 34 of theIPC - He has also been held guilty for committing offence punishable under S 201 of IPC - Criminal Appeal is filed by original accused No 2 - She has been also held guilty of committing offence punishable under S 302, 201 read with 34 of theIPC - Criminal Appeal has been filed by one Gorakh Chadar, who is father of deceased Vaijnath, against original accused No 3 who has been acquitted from charge of offence punishable under S302, 201 read with 34 of IPC - All parties are referred to as per their nomenclature before trial Court - Deceased Vaijnath Chadar was an auto rickshaw driver - He used to visit said Dhaba occasionally - He developed acquaintance with accused No 1 - It is prosecution story that, though accused No - 1 was a married person, he had illicit relations with accused No2 who was residing at Govind Nagar- Accused No 2 was having a daughter by name Jyoti who was of marriageable age - Deceased used to visit house of accused No 2 with accused No 1 and then he developed love relation with Jyoti - Deceased Vaijnath and Jyoti were desirous of performing marriage but it was opposed by accused No 1 and 2 - It is also prosecution story that, deceased Vaijnath was frequently visiting and insisting accused No 1 and 2 that they should give permission to his marriage with Jyoti - Accused No 2 had contacted relatives of deceased and told them that they should give an understanding to deceased not to harass her or her daughter otherwise he would be killed –Held, Under such circumstance appeals filed by accused No 1 and 2 deserves to be allowed - For aforesaid reasons, following order : -Criminal Appeal filed by accused No 1 Anil s/o Kundlik Korde is hereby allowed= Conviction awarded to accused No 1 – appellant Anil s/o Kundlik Korde in Criminal Appeal, in Sessions Case No - 37 of 2015, for offences punishable under S 302, 201 read with 34 of IPC by learned Sessions Judge,is hereby quashed and set aside- Fine amount, if any, paid by him be refunded to him after appeal period is over- Criminal Appeal filed by accused No - 2 appellant Sitabai w/o Narayan Dahe is hereby allowed- Conviction awarded to accuse No 2 - Appellant Sitabai w/o Narayan Dahe in Criminal appeal , in Sessions Case ,for offences punishable under S 302, 201 read with 34 of IPC learned Sessions Judge is hereby quashed and set aside- Fine amount, if any, paid by her be refunded to her after appeal period is over –Appeal is dismissed
VIBHA KANKANWADI, J.
1. All these appeals have been filed to challenge the Judgment and order passed in Sessions Case No. 37 of 2015 by learned Sessions Judge, Beed dated 06-05-2016, and therefore they are proposed to be disposed of by this common Judgment.
2. Criminal Appeal No. 247 of 2017 is filed by original accused No.1. He has been held guilty and convicted for the offences punishable under Section 302 read with 34 of the Indian Penal Code. He has also been held guilty for committing offence punishable under Section 201 of Indian Penal Code. Criminal Appeal No. 375 of 2016 is filed by original accused No.2. She has been also held guilty of committing offence punishable under Section 302, 201 read with 34 of the Indian Penal Code. Criminal Appeal No. 416 of 2016 has been filed by one Gorakh Chadar, who is the father of deceased Vaijnath, against original accused No.3 who has been acquitted from the charge of offence punishable under Section 302, 201 read with 34 of Indian Penal Code. All the parties are referred to as per their nomenclature before the trial Court.
3. The prosecution has come with a case that ;
Accused No.1 was working in Dhaba run by one Kishan Borwade under the name and style as “Sindphana Dhaba” on Beed to Bhat-Sangvi road. Deceased Vaijnath Chadar was an auto rickshaw driver. He used to visit the said Dhaba occasionally. He developed acquaintance with accused No.1. It is the prosecution story that, though accused No.1 was a married person, he had illicit relations with accused No.2 who was residing at Govind Nagar, Beed. Accused No.2 was having a daughter by name Jyoti who was of marriageable age. Deceased used to visit the house of accused No.2 with accused No.1 and then he developed love relation with Jyoti. Deceased Vaijnath and Jyoti were desirous of performing marriage but it was opposed by accused No.1 and 2. It is also the prosecution story that, deceased Vaijnath was frequently visiting and insisting accused No.1 and 2 that they should give permission to his marriage with Jyoti. Accused No.2 had contacted the relatives of deceased and told them that they should give an understanding to deceased not to harass her or her daughter otherwise he would be killed.
4. It is the further prosecution story that, deceased had visited the house of accused No.2 on 05-12-2014 and had a quarrel with accused No.1 and 2 on the count of proposed marriage between him and Jyoti. At that time; both the accused persons i.e. accused No.1 and 2 forced him to drink liquor in which they had mixed insecticide namely Rogor and the mixing was without the knowledge of deceased. As a result of consumption of such liquor, deceased expired. While making him to drink liquor the accused persons had used force resulting in injury to the deceased. After deceased expired, accused No.1 and 3 put the dead body in fertilizer bag (polythene bag used for storing fertilizers), and it was taken on motorcycle during night hours. The said fertilizer bag containing the dead body was dumped in a hilly area situated near pond known as Khandi Pazar Talav which was in Charatha Shivar. Thereafter the accused No.2 disposed of the liquor bottle, insecticide bottle in an open space nearby to her house.
5. PSI Gulab Khan Pathan was on Bandobast duty at Pali on 06-12-2014. He received information about the dead body, and therefore, visited the spot with his staff and panchas. He executed panchanama of that spot and then carried out the inquest panchanama. He had seized articles from that place, and thereafter, sent the dead body for post mortem. He lodged First Information Report against unknown person. At the time of search of the person of the deceased, they found his identity card disclosing his name, and therefore, the fact was informed to his relatives. It is further prosecution story that, API Bharat Raut had received information about the involvement of accused No.2 and therefore he made inquiry with her. She had then showed accused No.3 as
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