A.S. Chandurkar JUDGMENT
B.P. Dharmadhikari, J.
1. Accused Mahendra Bhaskar Pavre has been sentenced to death by Additional Sessions Judge (Link Court), Mehkar vide judgment dated 16.05.2016 in Sessions Trial No. 42/2014. Prosecution case in brief is - P.W.5 Chhaya is his wife. Deceased Ku. Kalyani (5 years) and deceased Ku. Shital (2 years) were their daughters. They have a son by name Yuvraj, who was then 7 years old. On 24.01.2014, father of Chhaya by name Tejrao Vithoba Thorve (P.W.6) came to her residence at village Jaulka at about 3 p.m. Accused returned back to home at about 5 p.m. in an inebriated condition. He asked Chhaya why her father had arrived, quarreled with her, beat her up by fists and slaps. He also slapped Tejrao when latter tried to save his daughter. Chhaya then cooked food and after dinner family went to sleep. Chhaya and her two daughters slept inside the room, while Tejrao and Yuvraj slept in verandah of house of Bhaskar, who happens to be father of accused. Accused slept in front of the house. Chhaya had bolted door from inside. In the night, accused shouted and asked to open the door, but, Chhaya did not open it. Next day i.e. on 26.01.2014 between 6.30 to 7 a.m., Chhaya after opening the door, gave water to accused to wash mouth. Mahendra [accused] then woke up daughters Kalyani and Shital. He lifted Shital in his arms and led Kalyani by holding hand. He told them that they would go to bring biscuits and chocolates.
2. At 7.30 a.m. Mahendra informed Bhimrao Salve (P.W.4), that he had thrown both the daughters in a well located in the field of said Bhimrao's brother by name Arjunrao (P.W.3). Bhimrao informed this to Chhaya, Tejrao and Bhaskar. They rushed to the well and found body of Kalyani floating on water. Shital was not seen. Chhaya then approached police station, Kingaon Raja and lodged report. Crime No. 12/2014 for offences punishable under Sections 302, 323, 504 and 506 of Indian Penal Code came to be registered. PW-10 Police Inspector - Sunil Hood carried out the investigation. He visited the spot shown by the informant Chhaya. Dead bodies were taken out; spot panchanama and other formalities like inquest etc, were carried our. Dr. Jagannath Chate, Medical Officer (P.W.8) conducted post mortem and opined that cause of death was asphyxia, due to drowning. The Police Inspector Shri Hood (P.W.10) completed rest of the investigation.
3. After committal, charge Exh. 9, was explained to the accused. He pleaded not guilty and came to be tried. As per his request, legal aid was provided and Shri Pawar, Advocate came to be appointed to defend him.
4. Defence of accused is that of denial. In Section 313 Criminal Procedure Code statement, in reply to question No. 69 he stated that when he was going with his two daughters, his uncle Sahebrao Pavre came there and took custody of girls for taking them back to home. When accused came to Kingaon Jattu diversion at about 8 a.m., he learnt that his uncle Sahebrao had killed his daughters by throwing them into the well.
5. Admittedly, there is no eye-witness and conviction is based on circumstantial evidence. Trial Court has found that motive also is not established. In paragraph No. 124 of its judgment, the trial Court has found the following circumstances to be proved :-
"(i) That Sau. Chhaya slept with her daughters Ku. Kalyani and Ku. Shital inside the house during the night of 25.01.2014.
(ii) That accused w........