The main legal point established in the judgment is the importance of establishing a strong motive, proving the last seen theory, and evaluating circumstantial evidence to establish guilt beyond a reasonable doubt.

JUDGEMENT :

Milind N. Jadhav, J.

1. This is an Appeal against conviction by the Appellant (accused) challenging the legality of Judgment dated 31.01.2013 passed by the Additional Sessions Judge, Court of Sessions, Satara in Sessions Case No.26 of 2012 convicting the Appellant under Section 302 of the Indian Penal Code (for short “IPC”) and sentencing him to suffer life imprisonment and fine of Rs.1,000/-, in default of payment of fine to suffer rigorous imprisonment of six months and to pay compensation of Rs.50,000/- to the mother of the deceased.

2. Appellant – Noor Ahmed Mohammed Bagwan (accused) is nephew of Rajjak Sikandar Bagwan. Deceased Aman is son of Rajjak Sikandar Bagwan and Shaheen Rajjak Bagwan. Rajjak Sikandar Bagwan is the first informant (complainant). Prosecution case is based on circumstantial evidence.

3. Case of the prosecution is as under:-

3.1. Deceased Aman, aged 12 years studied in 7th standard in Premalatatai Chavan High School, village Maltan, Taluka Phaltan. As usual on 28.11.2011 Aman had his meals at about 12:00 noon and left for school. His school timings are from 12 noon to 5:00 p.m. Since he did not return home after 5 p.m., his father Rajjak alongwith some friends went to school to enquire about Aman's whereabouts and learnt that Aman had attended the school on that day. The family waited for some while and thereafter launched a search for Aman, unsuccessfully until midnight. At about 1:00 a.m. in the intervening night between 28.11.2011 and 29.11.2011, a police jeep alongwith police personnel visited Rajjak's house and took him to the house of Appellant in Zirape Galli, Mangalwar Peth, Phaltan and showed him dead body of Aman which was lying folded in one metal tin box (peti). Rajjak identified the dead body of his son Aman.

3.2. According to prosecution, around 4 - 5 months before the date of incident, Rajjak met Appellant at Zirape Galli when the Appellant is alleged to have told him to break and discontinue having physical relationship with his wife Arifa, failing which Rajjak would face dire consequences. Rajjak denied having any physical relationship with Arifa and so replied to Appellant but Appellant rejected his reply. According to the prosecution families of both, Appellant and Rajjak had cordial relations and were on visiting terms to each other’s house, however, since Appellant suspected Rajjak having physical relationship with his wife, Rajjak never visited Appellant's house. After identifying Aman’s dead body, Rajjak confronted Appellant and asked him the reason for killing Aman, to which Appellant replied that since Rajjak continued keeping physical relationship with his wife, he took Aman from the school to his house and killed him by strangulation.

3.3. According to prosecution, first information received by police station in respect of crime was a phone call by Appellant himself to the police station at 12:10 a.m. on 29.11.2011. Diary entry of this phone call was made by on duty Head Constable Mr. Tupe stating that a telephone call from Mobile No.8888777427 was received informing that Appellant wanted help and requested the police to call back on the same number as talk time balance in his mobile phone was over. Head Constable Tupe returned the call and spoke to Appellant when he told him that he murdered Aman Bagwan, son of one of his relative and gave the address of his rented room near Golden Bakery, Salunkhe wada, Zirape Galli. This information was immediately relayed to ASI - Taware, PC - Gaikwad, PC - Tupe, PC- Jadhav and API-Ware by 12:30 p.m. from the police station. At 12:40 p.m. another station diary entry was made pertaining to information received by ASI- Taware informing the police station on phone that Appellant had murdered a 12 year old boy called Aman Bagwan and his body was stuffed a tin box (peti). Between 12:45 a.m. and 1:00 a.m. the aforesaid information was relayed from the police station and police arrived at the spot of incident at about 1:00 a.m. At that time