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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1179 OF 2004

Anilkumar Singh Udheshwar Singh

Aged about 24 years

R/a Punjabi Chawl, Room No.6,

Prem Nagar, S.V. Road,

Irla, Vile-Parle (West)

.. Appellant

(Org.Accd.)

Vs.

The State of Maharashtra

(At the instance of Juhu Police Station

C.R. No. 357 of 2001.)

.. Respondent

Mr. Shreeram Shirsat for appellant.

Mr. H. J. Dedhia, APP for State.

CORAM: P. V. HARDAS &

REVATI MOHITE DERE, JJ.

JULY 12, 2013.

ORAL JUDGMENT [Per P. V. Hardas, J.]:

1.

The appellant, who stands convicted for an offence punishable

under Section 302 of the IPC and Section 354 of the IPC and sentenced to

imprisonment for life and to pay a fine of Rs.1000/-, with no separate

sentence being awarded for an offence punishable under Section 354 of the

IPC, by the Additional Sessions Judge, Greater Bombay, by judgment dated

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9/8/2004, in Sessions Case No. 45 of 2002, by this appeal questions the

correctness of his conviction and sentence.

2.

Facts in brief as are necessary for the decision of this appeal

may briefly be stated thus:-

PW 14 – Dattatray Thopate, a PSI, who was attached to Juhu

Police Station on 15/9/2001, received a message from the Cooper Hospital

at about 4.15 p.m. informing PW 14 – PSI Thopate that a girl had been

brought to the hospital but was not admitted as she was dead. PW 14 – PSI

Thopate accordingly informed his senior officer and accompanied by PI

Pawar and other police staff proceeded to the Cooper Hospital after

recoding an entry in the station diary at Serial No. 40. The said entry in the

station diary is at Exh. 42. When PW 14 – PSI Thopate reached the Cooper

Hospital, he noticed the dead body of deceased Natasha. PW 1 – Vinita,

mother of deceased Natasha, was present in the hospital. Statement of PW

1 – Vinita was recorded at Exh. 9. On the basis of the said statemen of PW

1 – Vinita at Exh. 9, an offence vide Crime No. 357 of 2001 was registered

under Sections 354 and 302 of IPC. Statements of other witnesses were

recorded on the same day and an inquest panchanama of the dead body of

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deceased Natasha was drawn. The scene of the incident panchanama was

drawn at Exh.16 in the presence of panchas. From the scene of the incident,

certain articles were seized. The articles found at the scene of the incident

were then sealed by affixing the paper seals. On 16/9/2001 statements of

witnesses were recorded.

PW 16 – PI Aparna Pawar, who was also attached to Juhu Police

Station, was informed by PSI Thopate about the incident and had

accompanied PSI Thopate to the Cooper Hospital. PW 16 – PI Pawar then

drew the inquest panchanama of the dead body of deceased Natasha at Exh.

18. The clothes on the person of the deceased were seized. On the same

day statements of witnesses were recorded, including the statement of PW

2 – Pandurang and PW 3 – Mehboob. The appellant, who was working as

a watchman in the housing society was missing since afternoon and,

therefore, on 16/9/2001 extensive search was launched for the accused. The

accused was apprehended in Samata Apartment, Colaba as he had

concealed himself. The appellant / accused was brought to the police

station and his arrest panchanama was drawn in the presence of panchas at

Exh. 21. Clothes on the person of the appellant were seized under seizure

memo at Exh. 13. The accused was referred for medical examination and

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thereafter was interrogated. During interrogation, the accused expressed his

willingness to point out the place where his clothes had been concealed.

Accordingly, the disclosure memorandum was drawn in the presence of

panchas. The accused led the police and the panch to Irla Punjabi Chawl,

Room No.350 between Vile-Parle and Andheri. From beneath the cot, the