1/22 214.Judg.Apeal.359.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO. 359 OF 2014

The State of Maharashtra

Through the Police Station Officer, Police

Station, Pulgaon, District Wardha.

… APPELLANT

V E R S U S

1.

Laxmi Janardan Gadling

Aged 40 Years, Resident at – Rajapur;

Tahsil Arvi, District Wardha.

2.

Parmeshwar Baban Choudhari

Aged 40 Years, Resident at – Virul; Tahsil

Arvi, District Wardha.

… RESPONDENTS

Mr. I. J. Damle, APP for Appellant/State.

Mr. M. V. Rai, Advocate for Respondent Nos.1 & 2.

CORAM

: MRS. SWAPNA JOSHI AND

AVINASH G. GHAROTE, JJ.

DATE

: AUGUST 18, 2021.

JUDGMENT : [PER MRS. SWAPNA JOSHI, J.]

.

This Appeal has been directed against the Judgment and

Order dated 12^th August, 2013 delivered by the Sessions Judge, Wardha

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in Special Case No. 26 of 2011, whereby the learned Sessions Judge

acquitted the Respondent Nos.1 and 2 (hereinafter be referred to as

'

Accused No.1 & 2’ for the sake of brevity) of the offence punishable

under Sections 120-B, 302, 201 read with Section 34 of Indian Penal

Code and further acquitted the Respondent No.2 – Parmeshwar

Choudhari of the offence punishable under Sections 3(2)(v)(vi) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989.

2.

The prosecution case in nutshell is that, Accused No.1 –

Laxmi is the wife of deceased Janardan Gadling. Deceased Janardan

was residing with Accused No.1 – Laxmi and children i.e. son PW-4

Akash and daughter PW-5 Pallavi at village Nizampur. Accused No.2 –

Parmeshwar was acquainted with the deceased Janardan and Accused

No.1 - Laxmi. Deceased Janardan was serving as a Cook in the Hotel at

Arvi.

3.

It is the case of the prosecution that Accused No.2 had

gifted a mobile handset to Accused No.1 and they used to talk with

each other frequently. Deceased Janardhan did not like their

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relationship and he used to take objection about it. It is further the case

of the prosecution that deceased Janardhan had seen the Accused No.1

and Accused No.2 in compromising position, and therefore, a quarrel

took place between deceased Janardhan and Accused No.1. After the

said incident also Accused No.2 continued to visit the house of Accused

No.1. Accused Nos.1 and 2 found that deceased Janardan was obstacle

in their relationship, and therefore, they decided to eliminate him.

They hatched up a conspiracy and decided that Accused No.1 would

bring deceased Janardan to a certain place and Accused No.2 would

eliminate him.

4.

Accordingly, on 24/6/2011 in the morning deceased

Janardan and Accused No.1 left the house and proceeded to Arvi in the

vehicle belonging to PW-9 Rahul Ingole. It is also the case of

prosecution that Accused No.2 hired two bicycles at Pulgaon.

Thereafter Janardan was killed by means of knife and his body was

thrown in the middle cement pipe beneath the bridge on Sorta road,

Arvi to Pulgaon. Thereafter on the next day Accused No.1 returned to

the house alone. As per the prosecution case, deceased Janardhan was

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missing, however, for three days Accused No.1 did not lodge any

report.

5.

On 26/6/2011 PW-1 Ramdas Alone lodged report (Exh.21)

to the Police Station, Pulgaon regarding finding of the dead body of

Janardan in the cement pipe beneath the bridge on Arvi to Pulgaon

road. On the basis of the said report, PSI Gurme registered the offence

vide Crime No. 136/2011. After registration of the crime, Police

Inspector Chandu Bodkhe (PW-17) visited the spot and found that a

dead body was lying in the middle of pipe below the bridge which is

situated near Nalanda Vidyalaya on Sorta – Arvi road. Thereafter he

recorded spot panchanama (Exh.25). From the spot, one pair of

footwear, simple earth and blood stained earth