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Criminal Appeal No. 309 of 2003

Decided On: 25.04.2018

Appellants: Anil and Ors. Vs. Respondent: The State of Maharashtra

Hon'ble Judges/Coram:
R.K. Deshpande and M.G. Giratkar


M.G. Giratkar, J.

1. Appellants assailed the judgment of learned 2nd Ad hoc Additional Sessions Judge, Nagpur dated 7-5-2003 in Sessions Trial No. 402/1996 by which appellants are convicted as under:

Accused No. 1) Anil s/o. Vakila Wankhede, Aged 23 Years, R/o Ajni Railway Quarter, Nagpur.

2) Rajesh Abil Anthoney, Aged 29 yrs, R/o Ajni Railway Quarter, P.S. Imamwada, Nagpur.

3) Prakash Sadashiv Nayar, Aged 20 Yrs. R/o Ajni Railway Quarter, P.S. Imamwada, Nagpur.

4) Nalini Kuldeep Patel, Aged 30 yrs, R/o Adivasi Colony, Ajni, Nagpur.

are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 of Indian Penal Code. They are sentenced to suffer imprisonment for Life and also to pay a fine of Rs. 1000/- each. In default of payment of fine they shall suffer one year's Rigorous Imprisonment.

2) Accused No. 4) Nalini Patel is convicted for the offence punishable under Section 203 of Indian Penal Code and sentenced to suffer one year Rigorous Imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine she shall suffer one year Rigorous Imprisonment more.

3) Accused No. 1) Anil Wankhede, Accused No. 2) Rajesh Anthoney and Accused No. 3) Prakash Nayar are acquitted of the offence punishable under Section 203 r/w Section 34 of I.P.C. Accused persons shall suffer sentences concurrently.

2. The case of the prosecution against the appellants in short is as under.

(i) Appellant No. 4 was married with deceased Kuldeep Patel on 16-4-1987. Appellant No. 4 was serving as Nurse in the hospital of Dr. Santani and Dhande. Appellant No. 1 was also serving in the hospital of Dr. Santani. Appellant Nos. 1 and 4 had love affair. They performed marriage on 22-2-1996 in the temple of Mahakaleshwar, opposite to District Court, Nagpur. There was no divorce between deceased Kuldeep and appellant No. 4. At the time of incident, they were residing jointly in the tenanted premises. Appellant No. 1 with the help of appellant Nos. 2 and 3 killed deceased by gupti (knife). On the spot of incident, one Luna and gupti were found. On 25-6-1996 at about 8.00 a.m., Police Station, Ajni received message on phone that one unknown person's body in dead condition was lying in the ground of Sant Anthony High School. Police went to the spot. Police had taken inspection of Luna. They found documents of ownership. Said Luna was owned by appellant No. 4. Police went to the house of appellant No. 4. They came to know from landlord that appellant No. 4 was serving as a Nurse in the hospital of Dr. Santani and Dr. Dhande, Ramdaspeth, Nagpur. Police went to said hospital and talked with appellant No. 4. She was brought on the spot. Appellant No. 4 identified dead body of deceased Kuldeep Patel.

(ii) Police recorded statement/report of appellant No. 4. Crime was registered. During investigation, appellants were arrested. After conclusion of the investigation, charge-sheet came to be filed in the Court of Judicial Magistrate First Class, Nagpur who committed the same to the Court of Sessions for trial.

(iii) Charge was framed at Exhibit 20. Same was readover and explained to the appellants/accused. They pleaded not guilty and claimed to be tried. Prosecution has examined 19 witnesses. At the conclusion of the trial,........