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2019 Supreme(Bom) 83

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
M.S. SONAK, PRITHVIRAJ K. CHAVAN, JJ.
Shri Janardhan Kokre, S/o Late Vithu Kokre - Petitioners
Versus
State (Collem Police Station) & Ors. - Respondents
Criminal Appeal No.36 of 2013
Decided On : 25-01-2019

Advocates Appeared:
For the Petitioners:Mr. S.D. Lotlikar, Senior Advocate with Mr. J. Karn, Advocate.
For the Respondents: Mr. Mahesh Amonkar, Additional Public Prosecutor.

Headnote:

Code of Criminal Procedure,1973 - Sections 374 (2),313, 357, 273 and 498A - Indian Penal Code,1860 - Sections 302, 201 , 363, 498A and 364 - Arms Act - Section 27 - Indian Evidence Act - Section 106 - Payment of compensation - Offence of murder – Examination of accused - Alleged appellant had thrown the body parts of deceased left side of the Highway while travelling towards and had thrown sattur on right side of road - He brought the headless body of deceased and parked it on the road to right of Highway and thereafter set his jeep ablaze with the body of the victim inside with an intention to destroy the evidence - Appellant thereafter absconded from scene of offence after commission of the crime, his motive being to prove that he had expired a homicidal death and to avail the benefits from 19 Life Insurance Corporation Policies obtained by him shortly before committing the offence and also to rid himself of family of from whom he had fraudulently – Held, Appellant was released on bail for a period of three months subject to medical report on his malady - It appears again while continuing his bail he was directed to present himself to medical board at the end of three months - Periodical checkup and extension of bail is going on - learned Senior Counsel submits that the entire lower half of the appellants body is paralyzed and as such, periodical checkup also should be done away with and his bail should be confirmed - He submits that this Court should if it is found fit extend time for report before the medical board - Temporary bail already granted to appellant is confirmed till decision of appeal on same terms and conditions subject to his presenting himself before the medical board once in every six months from today - Bail bonds to be executed by him and his surety shall be modified – Ordered Accordingly

JUDGMENT :

PRITHVIRAJ K. CHAVAN, J.

1. By this Appeal under Section 374 (2) of the Code of Criminal Procedure, the appellant challenges his conviction and sentence passed by the learned Sessions Judge, South Goa, under Sections 302 and 364 of the Indian Penal Code, for which he has been sentenced to undergo rigorous imprisonment for life and fine of Rs.20,000/- on each count, in default to suffer rigorous imprisonment for six months and also under Section 201 of the Indian Penal Code, by sentencing him to undergo rigorous imprisonment for seven years and fine of Rs.10,000/-, in default to undergo imprisonment for three months. The impugned judgment and order came to be passed by the learned Sessions Judge on 29.4.2013.

2. Facts of the case, as emerged from the record, can be stated as follows:-

On 9.4.2011, the appellant had taken Dilip Sadashiv Naik (since deceased), a mentally challenged person, resident of Brahmaneshwar Wada, Poira, Mayem, on his Bajaj Pulsar motorcycle bearing registration No.GA-03-F-1760 at about 11.00 hrs. Thereafter he took deceased Dilip in his Tata Spacio Jeep bearing Registration no.GA-04-C-0183 at various places and subsequently on 10.4.2011 at about 3.30 hrs. the appellant committed murder of Dilip by strangulation on the front seat of the said jeep by the roadside at Kone, Priol, Ponda. It is the case of the prosecution that the appellant lifted the body of the deceased, placed it over the middle seat of the jeep and thereafter severed his neck from head followed by severing of both the arms below the elbow level and the legs below the knee level by using a sharp edged weapon locally known as `sattur'.

3. It is further alleged that the appellant had thrown the body parts of deceased Dilip on the left side of the Highway while travelling towards Ponda and had thrown the sattur on the right side of the road. He, thereafter, brought the headless body of deceased Dilip in the jeep at Barkattem, Mollem and parked it on the Katcha road to the right of the Highway and thereafter set his jeep ablaze with the body of the victim inside with an intention to destroy the evidence. The appellant thereafter absconded from the scene of offence after commission of the crime, his motive being to prove that he had expired a homicidal death and to avail the benefits from 19 Life Insurance Corporation Policies obtained by him shortly before committing the offence and also to rid himself of the family of Mayekar from Moira, Aldona, from whom he had fraudulently taken Rs.12,00,000/- after promising a job of a lady Police Sub Inspector in the Police Department to one Ms. Vinita Mayekar.

4. It is the case of prosecution that skull of the deceased was discovered by the Ponda Police on 6.5.2011 from the place where the appellant had thrown it after the murder. It was confirmed from the DNA Report that the human skull and the headless dead body belonged to victim Dilip. The weapon of offence i.e. Sattur, Bajaj Pulsar motorcycle and 19 LIC Policies in the name of the appellant including 32 Sports Qualification Certificates of Ms. Vinita Mayekar were recovered at the instance of the appellant during the course of investigation.

5. PW1 Akbar Ali Khan, Head Constable, attached to Collem Police Station, received an unknown phone-call on 10.4.2011 around 7.25 hrs. informing him that one Tata Spacio jeep referred hereinabove had caught fire at Barkottem, Mollem. After making a Station Diary Entry, PW1 Akbar Ali Khan proceeded to the spot and registered a Fire Accident No.3/2011. He contacted the Fire Brigade, Ponda and also informed the concerned Police Inspector of Police Station, Collem.

6. PW35 Manoj Mardolkar conducted investigation into the crime. After registration of the First Information Report bearing No.10/2011 by PW1 Akbar Ali Khan, PW35 Manoj Mardolkar conducted a thorough search of the said jeep and found an unidentified, charred body of a male lying in the middle seat of the jeep and the driver's side door of the jeep was lef




































































































































































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