vishram patil murder case jalgaon court judgement

8/10/2019 Vishram Patil Murder Case Jalgaon Court Judgement

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-1- Judgment in S.C. No.8 of 2006

Received on : 04-01-2006 Registered on : 10-01-2006

Decided on : 15-11-2014 Duration : Y - M -Days

08 -10 -11

IN THE COURT OF ADDITIONAL SESSIONS JUDGE-1,JALGAON

(Presided over by D.J. Shegokar)

Sessions Case No.8 of 2006 Exh.No.737

Central Bureau of Investigation } COMPLAINANT

Versus

Raju Chintaman Sonawane (Mali) }Age 28 Years. R/o Burhanpur }Dist.Burhanpur. }Madhya Pradesh State } ACCUSED

Mr. D.N.Salvi, Special Public Prosecutor for C.B.IMr. S.K.Kaul, Advocate for Accused

----------------------------------------------------------------------------------------Charge u/s Section 302 & 120-B of the Indian Penal Code---------------------------------------------------------------------------------------

J u d g m e n t ( Delivered on 15th November, 2014)

1] Accused Raju Chintaman Sonawane (Mali) is charged

for the offence punishable under sections 302 and 120-B of the

Indian Penal Code.


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2] Briefly stated, the prosecution case is as under :-

That, Shri Vishram G. Patil (hereinafter referred as

'Victim ') was serving as a Professor in English at Nutan Maratha

College, Jalgaon. He was also Leader of Congress-I Party. On

21-09-2005 at about 7.15 a.m., victim left house, for going to

College by Maruti Car No. MH-19-R-05. The Car was proceeding

by Kuchha road leading towards Jalgaon-Dhule National

Highway. In the way, near Netra-Deep Provisions, at Manraj Park,

two unknown persons ( who are later identified as accused Raju

Chintaman Sonawane and accused Raju Pundlik Malil ) pelted

stone on the Car. When the victim got down from the Car, one of

them caught hold the victim. The another gave blows of knife on

the abdomen, chest and neck of the victim, as a result of which he

sustained injuries and collapsed on ground. Thereafter, both the

assailants fled away from the Spot on a Hero Honda Motorcycle.

One Mahendra Panditrao Mahajan and Rambhau Gobru Pawar

witnessed the incident. The crowd gathered on the Spot of

incident. Mahendra Panditrao Mahajan rushed to the house of

victim and gave information about the incident to his wife

Smt.Rajani Patil. She immediately came to the Spot of Incident.

With the help of some persons, Smt.Rajani Patil took the injured

to Hospital of Dr.Bhangale, then to the Trauma Center of Dr.Rajesh

Jain. Lastly the injured was taken to Civil Hospital Jalgaon,

where Medical Officer declared him dead.


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3] On the basis of Complaint filed by Mahendra PanditraoMahajan, an offence punishable u/s 302 r/w section 34 of the

Indian Penal Code came to be registered at Jilha Peth Police

Station,Jalgaon vide Crime No.242 of 2005 against two unknown

persons. The Police started investigation of the crime. A .P .I

Mr.S.G.Shinde visited the Spot of Incident. One Slipper (i.e.,

Footwear ) of right leg, one Handkerchief, Yellow Metal Bracelet

and three pieces of black colour Helmet of Commando Company

were found lying on the Spot. API Shinde prepared Spot

Panchnama and seized the aforesaid articles in presence of

Panchas. The samples of blood mixed soil and plain soil were

collected from the Spot. An Inquest Panchnama of the Dead Body

of victim was prepared in presence of Panchas. As per the

requisition of Police, the Medical Officer conducted postmortem of

the dead body of victim. The Medical Officer opined that the

Victim '' died due to shock due to hemorrhage due to multiple

injuries ''. The Panchnama of Maruti Car of the Victim was

prepared in presence of Panchas. The Investigation Officer seized

one Slipper ( i.e., Footwear) of left leg and a File containing

papers from the said Maruti Car under the same Panchnama. The

statements of witnesses came to be recorded. Accused Raju

Chintaman Sonawane and accused Raju Pundlik Mali ( now

deceased ) were arrested on 25-09-2005 under Arrest

Panchnamas.

4] On 27-09-2005 accused Raju Mali (now deceased )

was in Police Custody. He voluntary made disclosure statement


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before the Investigating Officer in presence of Panchas. On thebasis of said disclosure statement, Knife used for commission of

Crime was discovered and seized in presence of Panchas. On the

same day, he voluntarily made disclosure statement in presence of

Panchas . On the basis of it, the Motorcycle used in commission of

offence was discovered and seized from the Parking Place of

Railway Station, Bhusawal.

5] The Investigating Officer collected CDR of Public Call

Center of village Kingaon from the BSNL Office. According to

prosecution, it was revealed therefrom that after commission of

offence, accused Raju Pundlik Mali ( now deceased ) and accused

Raju Chintaman Sonawane were in telephonic contact with

accused Liladhar Purushottam Narkhede and Damodar Jagnnath

Lokhande. According to prosecution, it was also transpired in the

investigation that, the Motorcycle purchased by accused Liladhar

Purushottam Narkhede was used for commission of crime.

Therefore, accused Liladhar Purushottam Narkhede and Damodar

Jagnnath Lokhande came to be arrested on 22-12-2005.

6] According to prosecution, it was transpired in the

investigation that, accused Liladhar Purushottam Narkhede and

Damodar Jagnnath Lokhande had given contract of commission

of murder of Victim to accused Raju Pundlik Mali and accused

Raju Chintaman Sonawane. Hence, C.I.D. Nashik filed Charge-

Sheet against accused Raju Pundlijk Mali (now deceased), Raju

Chintaman Sonawane, Liladhar Purushottam Narkhede and


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Damodar Jagnnath Lokhande u/s 302 and 120-B of the IndianPenal Code as well as u/s 3 r/w section 25 of the Arms Act on

22-12-2005.

7] As per order passed in Application No.298 of 2006

and 3331 of 2005 dated 03-02-2006, the Hon'ble High Court

pleased to quash the proceedings filed by CID Nashik against

accused Liladhar Purushottam Narkhede and Damodar Jagnnath

Lokhande.

8] The widow of Victim filed Writ Petition No.646 of

2005 before the Hon'ble High Court. As per the Order dated

27-02-2007 passed therein, the directions of further investigation

u/s 173 (8) of the Code of Criminal Procedure were given and the

investigation of the crime was entrusted to Central Bureau of

Investigation ( hereinafter referred as C.B.I. ). Accordingly, C.B.I.

registered FIR No. BSI/2007/S/002 on 15-03-2007. The C.B.I

started further investigation in the Crime.

9] In view of Writ Petition No.1278 of 2008 (filed by

Smt.Rajani Patil), the Hon'ble High Court started monitoring the

investigation of the crime.

10] In the meantime, accused Raju Pundlik Mali reported

to be dead on 06-04-2007. Therefore, my learned Predecessor

Smt.U.S.Thakre abated the trial against him by passing Order on

Exh.No.1 dated 30-04-2007.


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11] The C.B.I filed First Supplementary Charge Sheet on10-06-2008 and Second Supplementary Charge-Sheet on

06-10-2008 u/s 302 and 120-B of the Indian Penal Code.

According to C.B.I., it was transpired in the investigation that

accused Raju Chintaman Sonawane, Raju Pundlik Mali (Now

deceased ), Liladhar Purushottam Narkhede and Damodar

Jagnnath Lokhande made conspiracy and committed murder of

the victim.

12] As per Order passed on Application Exh.No.610 dated

07-07-2014, Gajendrasing Narayan Patil and Ulhas Vasudeo Patil

have been arrayed as accused u/s 302 and 120-B of the Indian

Penal Code.

13] The newly arrayed accused Gajendrasing Narayan Patil

and Dr. Ulhas Vasudeo Patil have challenged the legality of the

Order u/s 319 of the Code of Criminal Procedure passed against

them before the Hon'ble High Court vide Criminal Revision

Application Nos.165 of 2014 and 166 of 2014 respectively., As per

the interim Orders passed by Hon'ble High Court therein dated

15-07-2014 and 18-07-2014, the proceedings against the newly

arrayed accused are stayed till this date.

14] By passing Order on Exh.No.1 dated 12-03-2009, my

learned Predecessor ( Smt.U.S.Thakre ) separated the trial of

accused Raju Chintaman Sonawane from accused Liladhar

Purushottam Narkhede & Damodar Jagnnath Lokhande.


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15] On 15-10-2009, my learned Predecessor (ShriR.S.Kharkar ) framed Charge against accused Raju Chintaman

Sonawane u/s 302,120-B of the Indian Penal Code. The Charge

was read over and explained to him in Marathi. He pleaded not

guilty and claimed for trial. The defence of accused Raju

Chintaman Sonawane is that he is falsely involved in the Crime.

16] In order to bring home guilt to the accused, the

prosecution has examined in all 46 witnesses.

17] As per the order passed by my Predecessor

( Mr.P. D.Ambekar ) on Application Exh.No.523 dated 30-04-2013,

the evidence of widow of victim Smt.Rajani Vishram Patil and one

Shridhar Vishnu Chaudhari has been recorded as Court Witness

Nos.1 and 2 at Exh.Nos.575 & 589 respectively.,

18] Accused Raju Chintaman Sonawane did not enter into

witness Box. However, he has filed some documents along with

List Exh.No.701. These documents are (i) Affidavit of Police

Inspector N.S.Gughe dated 15-04-2009 filed before Hon'ble High

Court; (ii) Copy of the Statement of Smt.Rajani Vishram Patil

dated 21-09-2005; (iii) Copies of information supplied under the

Right to Information Act; (iv) the Issue of Daily Marathi

Newspaper 'Lokmat' dated 22-10-2005; (v) Public Complaint filed

before Collector, Dhule dated 06-09-2009. However, Accused

Raju Sonawane did not examine any witness for proving those

documents.


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19] Accused Raju Chintaman Sonawane has examinedSunil Bhimsen Khade in his defence as DW No.1 at Exh.No.706.

The evidence of this witness is on the point of the location of

Gujral Petrol Pump, the distance between Manraj Park and Gujral

Petrol Pump and the roads going towards Pimprala from Gujral

Petrol Pump.

20] As per the Common Order passed on Application

Exh.Nos.709 and 715 ( filed by Accused Raju Chintaman

Sonawane ) dated 30-09-2014, the Court has conducted Local

Inspection of the Spot of Incident on 09-10-2014. The

Memorandum of Local Inspection accompanied with Sketch Map

is at Exh.No.718.

21] The Written Notes of Arguments filed by Mr.Salvi,

learned Special Public Prosecutor for CBI are at Exh.No.738

and 732. The sum and substance of arguments is that the

prosecution has proved charge u/s 302 and 120-B of the Indian

Penal Code against accused Raju Chintaman Sonawane, beyond

all reasonable doubts. Therefore, he is liable for conviction.

22] The Written Note of Arguments filed by Mr.S.K.Kaul,

learned Advocate for accused Raju Chintaman Sonawane is at

Exh.No.729. The sum and substance of his arguments is that the

prosecution has failed to prove charge against accused Raju

Chintaman Sonawane, beyond all reasonable doubts. Therefore,

he is entitled for acquittal.


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23] The following points arise for my determination. Ihave recorded findings thereto along with reasons as under : -

Points Findings

(1) Whether the prosecution has provedthat Prof.Vishram G.Patil died

homicidal death on 21-09-2005 ? ... Yes

(2) Whether the Prosecution has provedthat on 21-09-2005 at about 7.30 a.m.near Netra-Deep Provisions at

Manraj Park, Jalgaon accusedRaju Chintaman Sonawane andaccused Raju Pundlik Mali ( nowdeceased ) assaulted Prof. Vishram

G.Patil by knife and intentionallyor knowingly caused his death ? ... Yes

(3) Whether Prosecution has provedthat accused Raju ChintamanSonawane and accused RajuPundlik Mali ( Now deceased )hatched conspiracyand

caused the death of Prof.

Vishram G. Patil ? ... Yes

(4) What Order ? ... As perfinal Order.

R E A S O N S

24] As to Point No.1:-

It is not in dispute that in the morning of 21-09-2005,

Victim sustained multiple injuries on vital parts of his body and

succumbed to it within few minutes. The Prosecution has

produced the Inquest Panchnama of the condition of the dead


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body of victim at Exh.No.302. This Inquest Pandchnama is provedby PW No.3 Manoj Narayan Wani (Exh.No.301) . This witness has

testified that, the dead body of Professor V.G.Patil was kept on a

cement platform in the Postmortem Room at Civil Hospital,

Jalgaon. The clothes on the dead body were stained with blood.

The Neharu Shirt (Art.''2'') on the dead body was removed.

Below the Neharu Shirt, there was Baniyan ( Art.9). Thereafter,

Payjama (Art.10) on the dead body was removed . Thereafter, the

Underwear ( Art.11) of the dead body was also removed. It is in

the evidence of PW No.3 Manoj Wani that, there were injuries

above, on the center below chest, above the naval, and the

abdomen. There was also cut injury on the neck. The

postmortem of the dead body was conducted. It is in the evidence

of PW No.3 Manoj Vani that Inquest Panchnama Exh.No.302 was

prepared before him and it bears his signature. PW No.39 Police

Inspector Y.D.Patil (Exh.No.414) has testified that the Inquest

Panchnama of dead body of Victim was prepared by him. Thus

the Prosecution has duly proved the Inquest Panchnama of the

dead body of Victim.

25] PW.No.28 Dr.Pankaj Uttamrao Saindane (Exh.No.383)

is Autopsy Surgeon. He is M.B.B.S ( D Artho ). He was serving as

Medical Officer at Civil Hospital, Jalgaon at the relevant time.

This witness has testified that :-

'' On 21-09-2005, the dead body of deceased V.G.Patil

was received at Civil Hospital, Jalgaon at about 10.40 hours. It

was identified by one Vijay Narayan Wani. He carried out


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postmortem on the dead body on the same day between 10.45 to11.45 hours. As per evidence of Dr.Pankaj Saindane, the following

seven external injuries were found on the dead body of deceased

Vishram G. Patil :-

(1) Stab wound on neck anteriorlysize about 7 inches x 1.1/2 inches

x 3 Cm deep. Edges clean.

(2) Stab wound on neck anteriorlybelow No.(1) Injury size about2.3/4 inches long & superficial.

(3) Stab wound on abdomen just belowthe Xipisternum size about 1 inchx cm. Peritoneum deep.

(4) Stab wound on abdomen on left sidesizeinches x cm.

(5) Stab wound on abdomen just aboveumbilicus. Size 1.1/2 inches x Cm.Part of intestine protruding out ofthe wound. Peritoneum deep.

(6) CLW on right knee below patellasize 1.1/2 inches x 1 cm.

(7) Stab wound on abdomen on rightside. Size 1.1/4 inch x cm.Peritoneum deep.

Edges of all stab wound were clean.

26] As per evidence of Dr.Pankaj Saindane, the following

internal injuries were found on the dead body :


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(1) Pleura - Pale, haemothorax on left side.(2) Larynx, trachea and bronchi -

Pale, Trachea transected at thyroid cartilage level due to Wound No.1.

(3) Left lung - Pale, left lung lacerated due to stabWould No.3, Left lung collapsed.

(4) Large Vessels - Right Corotid Ortery transecteddue to Injury No.1.

(5) Walls - Stab wound present on abdomenmentioned in Column No.17.

(6) Peritoneum - Pale, iliac mesentry tear.

(7) Cavity - haemo peritoneum.

(8) Desophagus - Transected due to Injury No.1.

(9) Small intestines and its contents - Throughand through perforation due to stab wound

on abdomen.

(10) Large intestine and its contents - Through and through perforation due to stab wound at coecum level.

27] The above mentioned External and Internal Injuries are

described in Memorandum of Postmortem Examination ( Exh.No.

384 ). It is duly proved by PW No.28 Dr.Pankaj Saindane.

28] PW No.28 Dr. Pankaj Saindane has testified that the

injuries sustained by deceased V.G.Patil were ante-mortem in

nature. The external and internal injuries were interlinked with

each other. PW No.28 Dr.Pankaj Saindane has testified that the


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injuries sustained by victim Prof. V. G. Patil were sufficient to causehis death in the ordinary course of nature. PW No.28 Dr.Pankaj

Saindane has also proved the Death Certificate Exh.No.385. As

per the opinion given by PW No.28 Dr.Pankaj Saindane, the

deceased died due to shock due to hemorrhage due to above

multiple injuries. It is not the case of defence that the death of

Victim is accidental or suicidal. Therefore, I have no hesitation to

hold that, the prosecution has proved that, the victim died

homicidal death on 21-09-2005. Thus, I record affirmative finding

to Point No.1.

As to Point No.2 :-

29] As discussed above, the prosecution has proved that

victim died homicidal death on 21-09-2005. Therefore, the crucial

question which arises for determination is, who inflicted the

injuries on the person of victim. On this point, the Prosecution

has examined two eye witnesses i.e., PW No.1 Mahendra

Panditrao Mahajan and PW No.16 Rambhau Gobru Pawar.

30] PW No.1 Mahendra Panditrao Mahajan (Exh.No.255)

is First Informant. According to Prosecution, he is also eye witness

to the incident. This witness has testified that :

''The incident took place on 21stSeptember, 2005.

On that day, after completion of duty, I was going

to my house by bicycle. I was proceeding from


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Premnagar area of Jalgaon city. At Premnagararea, the road was high, therefore, I got down

from bicycle and started going by road along with

my bicycle. At that time, I was towards Manraj

Park Complex. I saw one Maruti White Car was

standing there and in front of the said Car, three

persons were fighting with each others. Amongst

them, one person was wearing Nehru Shirt and

Paijama. At that time, by highway trucks were

passing, therefore, I could not see what happened

there. After reducing traffic, I crossed highway

and had gone to other side of highway. That time,

I saw two persons were coming on Hero Honda

Motorcycle. My bicycle crossed their Hero Honda

Motorcycle. Out of two, one has told me, Sarak

Madarchod (ljd eknjpksn). Therefore, I saw

towards the person who were sitting on

Motorcycle. Out of them, the person who was

driving the Motorcycle was tall and the person

who was sitting as pillion rider had wear white

colour Helmet. The said pillion rider was holding

knife which was stained with blood. Thereafter, I

saw towards Maruti Car and then I saw that the

person who was wearing Nehru Shirt and Payjama

was lying on the ground near Maruti Car.

Thereafter, I gave call to stop to the persons who

were proceeding on Hero Honda Motorcycle, but


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the said persons have drove their Motorcycletowards Gujrah Petrol Pump. Thereafter, I have

gone to the Spot where the person wearing

Payjama and Nehru Shirt was lying. I was

intending to take that injured person to hospital.

But I saw that intestine of the said person has

come out of stomach. Thereafter, I put intestine of

said person in stomach and tried to lift him, at

that time, I noticed that the neck of said person

was cut. Thereafter, I chased the said Hero Honda

Motorcycle. On the number plate of Motorcycle,

mud was affixed. When I was chasing said Hero

Honda Motorcycle by Highway, I was crying

''Tyana Pakda, Tyani Khun Kela'',(R;kauk idMk] R;kauh

[kwu dsyk) but nobody helped me. I chased the said

Hero Honda Moorcycle up to the Board of name of

Colony Shriratna Colony. Thereafter, said

Motorcycle had gone towards Gujral Petrol Pump,

so I stopped chasing said Motorcycle. Thereafter, I

returned to the Spot where murder had taken

place. Mob was gathered there. From the said

mob, the voices were coming ''V.G.Tatya-

V.G.Tatya (Ogh th rkR;k] Ogh th rkR;k). Thereafter

I came to know that it is same person V.G.Patil

whose murder has taken place and to whom I was

knowing by name. Then I requested the persons

of the Mob to help me to take injured to the


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hospital, but none of them helped me. Thereafter,I was knowing the house of V.G.Patil, so I had gone

to his house by bicycle. Wife of V.G.Patil opened

the door and I informed her that two persons had

assaulted upon V.G.Patil and ran away. Thereafter,

wife of V.G.Patil and myself were coming to the

Spot by crying'' Tatyana Marle - Tatyana Marle

'' (rkR;kauk ekjys] rkR;kauk ekjys). Thereafter wife

of V.G.Patil has taken V.G.Patil in the Car to the

hospital of Dr.Bhangale and I remained on the

Spot. Police inquired about the incident, that time

I have shown my readiness to give my Complaint.

I informed to police that injured was taken to

hospital. Thereafter, police vehicle proceeded

towards hospital. In the hospital of Dr.Bhangale

we were informed that injured was taken to Civil

Hospital,Jalgaon. Then I reached to Civil Hospital,

Jalgaon. In Civil Hospital,Jalgaon police recorded

my Complaint''.

31] As discussed above, PW No.1 Mahendra Panditrao

Mahajan has fully corroborated and proved the contents of the

First Information Report Exh.No.256.

32] It has come in cross examination of PW No.1

Mahendra Panditrao Mahajan that he witnessed the incident from

the distance of 200 to 250 feet. He saw three persons while


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assaulting each other. He is unable to state out of three, who wasassaulting to whom. This witness has denied the suggestion put to

him by defence that he did not witness the incident.

33] PW No.16 Rambhau Gobru Pawar (Exh.No.351)

testified as under :-

'' Incident took place on 21-09-2005. I boarded

S.T.Bus on above day at Anchale Tanda to go to village

Mukti, which is 3 Km away from my village.

Thereafter, I came to Jalgaon in a truck from Mukti. I

came to Jalgaon at 7.00 a.m. at Gujrah Petrol Pump.

Anil Mistry was a Meson who is my relative and he

was residing at Pimprala,Jalgaon which is Km

away from Gujral Petrol Pump. While I was going by

walk at Pimprala, on the way near Netradeep

Provisions, I saw a white Maruti Car. I saw two

Helmet wearing persons quarreling with another

person who wore Kurta and Payjama. Out of two

Helmet wearing persons, one was tall and another was

short. The person wearing Kurta Payjama was asking

the other two persons as to why he was being

assaulted by them. Thereafter, Helmet wearing short

person by means of knife assaulted on the abdomen of

the person wearing Kurta Payjama, as a result of

which the said victim fell on ground. The two persons

wearing Helmets tried to bow down and in their said

attempt, their Helmets fell on the ground. Therefore,


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I could see their faces vividly. The tall person caughthold both the hands of the injured and made him to

stand and he then asked another person saying ''jktq

ekj] ;nh ;g cp x;k rks viuk lkjk jkt [kqy tk;sxk vkSj

viu Hkh ugh cpsaxs I tried to intervene, but I was

threatened by the short person. The short person

namely Raju asked me to leave the Spot and he

threatened me that if I failed to leave the Spot, then I

would be similarly assaulted by them like the injured.

The person namely Raju who was short, again came

near the injured, and cut the neck (throat) of the

injured by means of knife. I tried to intervene the

above incident, but short person namely Raju

threatened me that he would assault me like the

injured. The tall person asked me to leave the Spot

saying that many big leaders were behind him namely

Ulhas Patil, G.N.Patil and Ramesh Chaudhari.

Thereafter, both the persons left the Spot on Hero

Honda Motorcycle.

34] PW No.16 Rambhau Pawar testified that :

''One person riding on bicycle also tried to obstruct the

persons who assaulted the injured, but he was also

abused by them and, therefore, he kept quite. Many

persons gathered there. One lady wearing Saree also

came there and she took the injured along with her in

the same Maruti Car. There was whispering on the


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spot that the lady was the wife of the injured. Injuredwas taken to Civil hospital. Police also gathered in the

Civil hospital and I disclosed the incident to police. I

was taken in the police station on same day by police''.

35] PW No.36 Police Head Constable namely Gopal

Baliram Chaudhari has testified that he resides at Plot No.28,

Manraj Park, Jalgaon. On 21-09-2005 at about 7.30 hours, he was

fetching water. He heard noise from the side of Shopping Center,

near Manraj Park. Therefore, he rushed there. He found that

Professor V.G.Patil was lying in the pool of blood. He had

sustained sharp cutting injuries on his abdomen and throat.

Rajanitai and her relatives were gathered on the Spot. He carried

Professor V.G.Patil in a Car at the hospital of Dr.Bhangale. On the

say of Dr.Bhangale, he carried the injured at Trauma Center of

Dr.Rajesh Jain. Dr.Rajesh Jain and Dr.Rajesh Bhangale examined

injured V.G.Patil and declared that he was no more. Thereafter,

the body of V.G.Patil was taken to Civil Hospital, Jalgaon. He gave

said information from his Cell-Phone to the Police Officials at Jilha

Peth Police Station and Local Crime Branch,Jalgaon.

36] The Court Witness No.1 Smt.Rajani Patil ( Exh.No.

575 ) is wife of victim. She has testified that on 21-09-2005 at

about 7.15 a.m., her husband ( i.e., victim ) left the house for

going to Nutan Maratha College by Car bearing registration No.

MH-19/R-05. After his departure, within 10 minutes, one

Mahendra Pandit Mahajan came to her house. He gave


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information to her that her husband has been murdered in theway at some distance from her house. Therefore, she rushed to

the Spot of Incident. She noticed that her husband was lying by

the side of road in injured condition. There was cut injury to his

neck. There were also multiple injures on his abdomen and chest.

With the help of some persons, she put victim in his own Car and

took him to the hospital of Dr.Bhangale. Dr.Bhangale examined

the victim in the Car itself. Dr.Bhangale advised her for taking the

victim to Rajesh Trauma Center. Accordingly, she took the victim

at Rajesh Trauma Center, Jalgaon. Some persons took the victim

inside the hospital. After some time, she learnt that her husband is

no more. The aforesaid evidence of Court Witness No.1

Smt.Rajani Patil has gone un-rebutted during her cross

examination.

37] PW No.39 Police Inspector, Yadavrao Damu Patil

(Exh.No.414) has testified that he was attached to Jilha Peth

Police Station,Jalgaon from 31-12-2004 to 31-05-2006. On

21-09-2005, at about 7.30 hours., he received a telephonic

message from Police Constable Gopal Chaudhari that, Professor

V.G.Patil has been assaulted by some unknown persons at the

corner of Manraj Park. The condition of Professor V.G.Patil is

critical and he has been taken to the hospital of Dr.Bhangale.

Police Head Constable Vikas Patil also gave similar information to

him. Therefore, he rushed to the Spot of Incident in Police Jeep

along with PSI Chaudhari and other staff.


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38] PW No.39 Police Inspector Shri Y.D.Patil has furthertestified that '' on reaching to the Spot, he was apprised by one eye

witness that the incident was seen by him and the two unknown

persons who assaulted Prof.V.G.Patil left the Spot on Hero Honda

Motorcycle towards Gujral Petrol Pump. He also gave brief

description of the person who was sitting pillion rider on the

Motorcycle that he had wore red colour shirt and was armed with

Jambiya. The said person spoke that he tried to stop the

Motorcycle of those two persons, but they took Motorcycle

speedily towards Petrol Pump . I asked the name of the above

person and he disclosed that he was Mahendra Pandit Mahajan. ''

39] PW No.39 Police Inspector Shri Y.D.Patil has further

testified that Policemen were appointed to guard the Spot of

Offence. The Informant Mahendra Mahajan was taken to the

hospital of Dr.Bhangale. Later on, he learnt that the injured was

referred to Trauma Center and lastly at Civil Hospital, Jalgaon.

The Doctors examined Professor V.G.Patil that declared that he is

dead.

40] PW No.39 Police Inspector Shri Y.D.Patil has further

testified that the Report given by Mahendra Mahajan was reduced

into writing as per his say vide Exh.No.256. On the basis of it, the

offence vide Crime No.242 of 2005 u/s 302 r/w section 34 of

I.P.Code was registered. It is in the evidence of PW No.39 that API

Shinde was directed to prepare the Spot Panchnama. PW No.39

has proved Inquest Panchnama Exh.No.302.


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41] PW No.20 Police Constable B.No.1586 JayantBhanudas Chaudhari ( Exh.No.360) is Photographer of Police

Department. As per evidence of this witness, as per directions of

Police Inspector Y.D.Patil, he took 13 Photographs of the dead

body of the victim and 9 photographs of the Spot of Incident, by

Digital Camera. This witness has proved all these 22 Photographs

which are collectively marked at Art.''18.

42] PW No.9 Ranjit Sandu Khadke (Exh.No.319) is a

Panch on Panchnamas Exh.No.320 & 321. This witness has

testified that, one Maruti Car was seen by him in the premises of

Zilla Peth Police Station. It's front Wind Sheet was found broken.

One Slipper ( i.e.,Art.'3') and Plastic Bags containing some Files

were seized by Police from the said Car. Accordingly, Panchnama

was prepared before him vide Exh.No.320. It is in the evidence of

PW No.9 that on the same day, Police also seized the clothes of

deceased Prof.V.G.Patil before him, under Panchnama Exh.No.321.

This witness has identified Baniyan Art.'9' and Payjama Art.'10'

before the Court. The evidence of this witness has gone un-

rebutted during the cross examination. Hence, I find no reason to

disbelieve the same.

43] PW No.42 Police Head Constable B.No.2112 namely

Bashir Najir Tadvi, (Exh.No.432) has testified that on 21-09-2005,

he was attached to Jilha Peth Police Station, Jalgaon. As per

Order Exh.433, he was present on duty at Civil Hospital, Jalgaon

on that day. After postmortem, he handed over the dead body of


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Professor V.G.Patil to his brother Sadashiv Patil, as peracknowledgment Exh.No.434.

44] PW No.16 Rambhau Gobru Pawar further testified that :

''On 8-11-2005, I was called in Sub Jail for test

identification parade purpose. I was taken in

identification room in Sub Jail where 7 persons

were found standing, besides the Magistrate and

Panchas. In the Parade, I identified one Raju Mali

who had taken position at Sr.No.2 in the row of

dummies who had caught hold both the hands of

the injured and asked the other person to assault

the injured. The said Raju is not present today

before the Court. I was then taken out of the

identification room and again after 20 minutes, I

was brought inside the identification room. At the

2ndtime, I viewed the Parade and after observing

the parade, I identified the person who was

standing at Sr.No.4 of the row and he was accused

Raju who had assaulted the injured on his

abdomen and neck (throat) by knife ([katj) . The

said Raju is present today before the Court ''.

45] PW No.16 Rambhau Pawar has identified accused Raju

Chintaman Sonawane before Court and testified that he is the

same person who assaulted victim by means of knife on his


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abdomen, chest and throat. PW No.16 has also identified theKnife (Art.15) before Court and testified that it is the same knife

which was used in the commission of offence. This witness has

also identified seized Kurta & Payjama of the victim before Court.

46] It has come in the cross examination of PW No.16

Rambhau Pawar, that he saw the incident from the distance of

9 to 10 feet. He went from Gujral Petrol Pump towards

Netra-Deep Provisions by walk. He denied the suggestion that

before holding of Test Identification Parade, he had seen the

photograph of accused in newspaper. He denied the suggestion

that he is habitual witness of Police. It has come in cross

examination of PW No.16 Rambhau Pawar that, while leaving the

Spot, the tall person was driving the Motorcycle and he was Raju

Mali. It has come in the evidence of PW No.16 Rambhau Pawar

that, the incident dated 21-09-2005 is a special incident in his life

and as such he has noted down the same in his Diary.

47] PW No.19 Jaywant Kailash Patil (Exh.No.359) has

testified that :

''In the year 2005, I was taking education in 1st

year Polytechnic Mechanical in Suresh Dada Jain

Polytechnic College, Jalgaon. I used to go to

College at 7.30 hours and it used to be closed at

1.30 pm. I used to attend College on bike of my

friend. I used to go to the College through

Vidyanagar by Kaccha road on bike of my friend.


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On the day of incident, I started going to Collegeat 7.00 a.m. with my friend Amol Patil. At about

7.00 a.m., when we reached Vidhya Nagar, we

found two persons on the Varandah of Netradeep

Provisions. One of the persons was wearing

Helmet and another was found standing and he

was looking towards Mobile or wrist watch. The

person who was found sitting on the Varandah

was less in height than the person who was found

standing.

48] PW No.19 Jaywant Kailash Patil has further testified

that :

''After 22-25 days, I was called in Sub Jail by the

Police to act as a witness in test identification

parade. It was noon time. Accused Raju Mali was

identified by me from 7 persons who were standing

in row. I was again called in the Sub Jail and at that

time, accused Raju Sonawane was identified by me

from the dummies. Accused Raju Sonawane is today

present before the Court, who was found sitting on

the Varandah near Netradeep Provisions ''.

49] It has come in cross examination of PW No.19 Jaywant

Patil that he saw both the persons within a minute. He denied the

suggestion that he frequently used to meet Police Inspector

Y.D.Patil in connection with the incident. He denied the


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suggestion that he used to attend the Court whenever accusedwere produced before Court for seeking their remand. He denied

the suggestion that he could not see the faces of the two persons

as they worn Helmets on their heads. He denied the suggestion

that one of the Panch gave hint to him and, therefore, he identifed

accused Raju Sonawane in T.I.Parade. He denied the suggestion

that the victim was his relative and,therefore,he is deposing false.

50] PW No.27 Balasaheb Murlidhar Wagchaure

(Exh.No.379) has testified that, he was serving as a Tahsildar at

Jalgaon in the year 2005. As per the letter dated 10-10-2005, he

hold Test Identification Parade at District Prison, Jalgaon on

15-10-2005. A room named as Kaladalanwas made available by

Jailor for holding the Test Identification Parade. This witness has

further testified that six Dummies looking similar to accused Raju

Mali were selected from Prisoners for the Test Identification

Parade. They were asked to stand in row. Accused Raju Mali was

also asked to take his position in the row. The witness Jaywant

Patil was outside the T.I.Parade Room. He was called through

Panch Witness. Witness Jaywant Patil was asked to identify the

suspect. He identified accused Raju Mali, who was standing in the

row at Serial No.4. The witness stated that accused Raju Mali was

standing near Netra-Deep Provisions on the day of incident, at the

relevant time. The witness was asked to leave the T.I Parade

Room. Thereafter, accused Raju Mali was informed that he can

change his clothes and also change his position in the row of

Dummies. Accused Raju Mali changed his place in dummies, but


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did not change his clothes. The next witness Mahendra Mahajanwas brought in the identification Room, but he could not identify

the suspect. Thereafter, accused Raju Mali was sent back to Prison

and Dummies were also asked. PW No.27 Balasaheb Murlidhar

Wagchaure has further testified that thereafter accused Raju

Sonawane was brought to T.I.Parade Room. A precaution was

taken that he could not be seen by the witnesses. The dummies

similar looking to accused Raju Sonawane were selected from the

Prisoners and were brought to T.I.Parade Room. The dummies

were asked to stand in row and accused Raju Sonawane was

asked to take his position in the dummies. Initially, witness

Jaywant Patil was brought in the Identification Room. He

identified accused Raju Sonawane, who was standing at Sr.No.2 in

the row. The witness Jaywant Patil told that accused Raju

Sonawane was found sitting along with accused Raju Mali on the

day of incident near Netra-Deep Provisions. The witness Jaywant

Patil added that he was originally resident of the set up of the face

of accused Raju Sonawane. The witness Jaywant Patil was asked

to leave the T.I Parade Room. In the meantime, accused Raju

Sonawane was informed that he can change his clothes and his

place in the Dummies. The next witness Mahendra Mahajan was

brought in the Identification Room by the Panch. But he could not

identify the culprit. It is in the evidence of PW No.27 Balasaheb

Waghchaure that he prepared the Memorandum of this Test

Identification Parade vide Exh.No.380 and its contents are true &

correct ''.


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51] PW No.27 Balasaheb Murlidhar Wagchaure hasfurther testified that, on the request of Investigating Officer, the

next T.I.Parade was taken by him in Kaladalan Room of District

Prison, Jalgaon. The witness was asked to sit in the Office of

Jailor. He and Panchas went in the T.I.Parade Room. Accused

Raju Mali was brought in T.I.Parade Room. The Six dummies

looking similar to accused Raju Mali were selected from Prisoners.

The dummies were asked to stand in row. Accused Raju Mali was

asked to take his position in the dummies. He was also asked to

change his clothes. Thereafter, witness Rambhau Gobru Pawar

was brought in the T.I.Parade Room by one of the Panchas. He

identified accused Raju Mali who was standing at Serial No.2 in

the row. The witness Rambhau Gobru Pawar said that accused

Raju Mali was the same person, who caught hold the hands of

victim from back side and was giving directions to his Associate by

saying '' ekj jktq ekj] cpuk ugh pkfg ''. Witness Rambhau was

asked to sit in the Jailor's Room and accused Raju Mali was sent

back to Prison. Thereafter, accused Raju Sonawane brought to the

T.I.Parade Room. Six dummies looking similar to his face were

selected from the Prisoners. Accused Raju Sonawane was asked

to take his position in dummies. One of the Panch was asked to

bring witness Rambhau in T.I.Parade Room. The witness

Rambhau Pawar identified accused Raju Sonawane who was

standing at Sr.No.4. The witness Rambhau Pawar said that

accused Raju Sonawane is the same person who assaulted the

victim by means of knife on his neck and abdomen. It is in the

evidence of PW No.27 Balasaheb Wagchaure that accordingly he


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prepared Memorandum of Test Identification Parade vide Exh.No.374. It bears his signature and its contents are correct.

52] PW No.27 Tahsildar & Executive Magistrate Shri

Balasaheb Waghchaure identified accused Raju Sonawane before

the Court.

53] PW No.30 Dharmraj Bhagwan Sonawane

(Exh.No.388 ) is the witness on Test Identification Parade. This

witness has testified that before about five years, he was called to

act as a Panch at District Prison, Jalgaon. The Test Identification

Parade was taken before him in a Hall inside the Jail. One person

identified the person who was standing at Sr.No.2 in the row. As

per evidence of this witness, in the second part of T.I.Parade, one

witness identified the suspect who was standing at Sr.No.4 in the

row. It is in the evidence of PW No.30 Dharamraj Sonawane that

the Magistrate prepared Memorandum of T.I Parade vide

Exh.No.374. It bears his signature and its contents are true and

correct.

54] PW No.30 Dharamraj Sonawane identified Accused

Raju Sonawane before the Court and testified that he is the same

person who was standing at Serial No.4 in the row and was

identified by the witness in T.I Parade.

55] PW No.25 Mohan Shiwaji Sonawane (Exh.No.373) &

PW No.29 Rajesh Bhalerao Gurav (Exh.No.387) are Panch


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Witnesses of Test Identification Parade. They have supported theprosecution on the point of holding of Test Identification Parade of

accused Raju Pundlik Mali ( now deceased ) and Raju Chintaman

Sonawane at District Prison, Jalgaon

56] PW No.38 Madhukar Kisan Chaudhari (Exh.No.412) is

a retired Police-sub-Inspector. This witness has testified that on

21-09-2005, he was Police Station Officer at Jilha Peth Police

Station. On that day, at about 7.25 hours, Police Head Constable

Vilas Patil gave information to him on telephone that, one person

has been assaulted by means of knife, behind Manraj Park.

Therefore, he rushed to the Spot by Police Jeep along with Police

Constable Marathe. Mob gathered on the Spot. On inquiry, he

learnt that the injured was taken to Civil Hospital, Jalgaon.

Therefore, they immediately rushed to Civil Hospital, Jalgaon.

Injured V.G.Patil was declared dead there. It is in evidence of

PW No.38 Madhukar Chaudhari that, Mob gathered at Civil

Hospital. One Mahendra Mahajan (I.e., PW No.1) claimed

himself as eye witness. Therefore, he recorded Report of

Mahendra Mahajan in the premises of Civil Hospital premises

itself vide Exh.No.256. PW No.38 Madhukar Chaudhari has

further testified that as per the directions given by Police Inspector

Y.D.Patil, on the basis of Report Exh.No.256, he registered offence

vide Crime No.242 of 2005 u/s 302 r/w section 34 of the Indian

Penal Code. PW No.38 Madhukar Chaudhari has further testified

that Car of V.G.Patil was parked in the premises of Jilha Peth Police

Station. As per directions given by Police Inspector Shri Ghuge, he


31/90


seized it in presence of Panchas, as per Panchnama Exh.No.302.PW No.38 added that the front glass of the Car was found broken.

One File containing some documents and one Slipper ( Footwear )

also found in the same Car.

57] It has come in cross examination of PW No.38 PSI

Madhukar Chaudhari that no blood stains were noticed by him

inside or outside the Car. It has further come in the cross

examination of this witness that he does not know whether the

investigation of the crime was handed over to Local Crime Branch

on 21-09-2005 at 17.40 hours. It has also come in cross

examination of this witness that many persons were present when

he recorded FIR of Mahendra Mahajan at Civil Hospital.

58] PW No.41 Police Sub Inspector Shivnath Gangaram

Shinde ( Exh.No.424 ) has testified that on 21-09-2005, he was

attached to Zilla Peth Police Station, Jalgaon. On that day, he

prepared the Panchnama of the Spot in Crime No.242 of 2005 in

presence of two Panchas vide Exh.No.299. It is in the evidence of

PW No.41 PSI Shinde, that one Helmet, one Slipper of right leg,

one Handkerchief and one Bracelet were found lying on the Spot

and those were seized in presence of Panchas. He added that the

blood stains were also found on the Spot and the sample of blood

mixed Soil was taken. It is in the evidence of PW No.41 PSI

Shinde that he seized Payjama, Nicker, Baniyan and Shirt of the

deceased in presence of Panchas as per Seizure Panchnama

Exh.No.321.


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59] It has come in cross examination of PW No.41 APIShinde that no blood stains were noticed on the Helmet, Slipper,

Handkerchief and Bracelet which were seized from the Spot of

Incident. It has further come in cross examination of this witness

that P.C.Bashir told him that the clothes seized by him under

seizure Panchnama Exh.No.321 were of Victim.

60] PW No.2 Vijay Nimbraj Sonar (Exh.No.298) is a Panch

on Spot Panchnama. This witness works as a Mechanic on a

Garage, situated at Shop No.1 Shopping Complex at Manraj Park.

PW No.2 has testified that API Shinde called him for acting as a

Panch. One Security Guard namely Mahajan shown the Spot of

Incident, where Professor V.G.Patil was murdered. The Spot of

Incident is situated towards eastern side of the house of one

Lunkad. There were 5 to 6 bushes and small Gutter on the Spot.

Two big floor tiles were kept on the Gutter. He noticed blood

stains on the Wall adjacent to the Spot of Incident. He also

noticed blood stains beneath the bushes. It is in the evidence of

PW No.2 Vijay Sonar that one broken Helmet, one Handkerchief,

one yellow metal Bracelet, one Slipper of right leg, were found

lying on the Spot. The police seized all those articles before him.

The police also took measurements of the Spot of incident. They

also collected samples of blood mixed soil and plain soil from the

Spot. It is in the evidence of PW No.2 Vijay Sonar that police

prepared Spot Panchnama vide Exh.No.299 before him and he

signed the same on the Spot.


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61] In cross-examination, PW No.2 Vijay Sonar denied thesuggestion that no blood stains were found on shrubs and grass.

He admitted the suggestion that there were blood dots on the

Handkerchief. This witness has admitted that the Slipper was of

grey colour.

62] PW No.46 Nanarao s/o Sakharam Ghuge (Exh.No.452)

is Investigating Officer. At the relevant time, he was Police

Inspector at L.C.B.,Jalgaon. This witness has testified that the

investigation of Crime No.242 of 2005 registered at Jilha Peth

Police Station, Jalgaon was handed over to him on 21-09-2005.

He recorded statement of some witnesses. He arrested accused

Raju Pundlik Mali and accused Raju Chintaman Sonawane on

25-09-2005 by making Arrest Panchnamas vide Exh Nos.

311 and 312.

63] The evidence of PW No.46 Police Inspector N.S.

Ghuge about the arrest of accused Raju Pundlik Mali ( now

deceased ) and Raju Chintaman Sonawane under Arrest

Panchnamas Exh.No.311 and 312 respectively., are corroborated

by PW No.4 Dnyaneshwar Bansi Sapke (Exh.No.303) and PW

No.5 Pradeep Dinkar Chaudhari (Exh.No.310). Thus the

prosecution has proved that accused Raju Pundlik Mali ( now

deceased ) and Raju Chintaman Sonawane were arrested on

25-09-2005.


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64] PW No.46 Police Inspector N.S.Ghuge has furthertestified that, on 27-09-2005 accused Raju Mali was in his custody.

He voluntarily gave statement in presence of Panchas to the effect

that he is ready to produce Knife, Helmet and Clothes.

Accordingly, the Memorandum Panchnama was prepared vide

Exh.No.453 in presence of Panchas. Thereafter, accused Raju Mali

took himself and Panchas towards a temple of Lord Datta situated

at the Bank of Girna River within the vicinity of village Nimkhedi.

Accused Raju Mali produced Knife, Helmet, Clothes and one

Handkerchief. He seized these Articles under Seizure Panchnana

Exh.No.454 in presence of Panchas.

65] PW No.46 Police Inspector N.S.Ghuge has further

testified that, accused Raju Mali also gave another disclosure

statement in presence of Panchas vide Exh.No.455. Thereafter,

accused Raju Mali took him towards Railway Bridge at Shiwaji

Nagar, Jalgaon. One Mobile Phone was concealed in a grass

below the Railway Bridge. Accused Raju Mali took out the same.

He seized said Mobile Phone in presence of Panchas under Seizure

Panchnama Exh.No.456.

66] PW 46 Police Inspector N.S.Ghuge has further testified

that on 29-09-2005, accused Raju Mali made disclosure statement

in presence of Panchas. It was reduced into writing vide Exh.No.

457. Accused Raju Mali took him near Datta Temple at village

Nimkhedi. One Country made Revolver and Four Cartridges

which were concealed in a ditch near Datta Temple at village


35/90


Nimkhedi were seized by him, under PanchnamaExh.No.458.

67] It is in the evidence of PW No.46 Police Inspector

N.S.Ghuge that, on 27-09-2005, accused Raju Pundlik Mali

( now deceased) made another disclosure statement before him

that he has parked Motorcycle bearing No. MH-15/AP-1341 at the

Parking Place of Bhusawal Railway Station. He is ready to

produce the same. It is in the evidence of Police Inspector

N.S.Ghuge that accused Raju Mali then took him to Parking Place

of Bhusawal Railway Station and pointed out the aforesaid

Motorcycle to him. He seized the said Motorcycle in presence of

Panchas as per Panchnama Exh.No.318.

68] PW No.8 Vilas Rambhau Kandare (Exh.No.317) is a

Panch witness on Panchnama Exh.No.318. This witness has

testified that in the month of September-2005, he went near

Bhusawal Railway Station along with P.I Shri Ghuge, other police

staff and accused Raju Mali. Accused Raju Mali took them to the

Parking Place of the Railway Station. One Hero Honda Splender

of black Colour was parked there. Accused Raju Mali told that he

had parked said Motorcycle there.Accordingly, the police prepared

Panchnama before him vide Exh.No.318. PW No.8 Vilas Kandare

identified Motorcycle Art.No.13, before the Court. The evidence

of PW No.8 about the seizure of Motorcycle on the basis of

disclosure statement made by Accused Raju Pundlik Mali has gone

unrebutted during cross examination. Hence, I find no reason to

disbelieve this witness.


36/90


69] PW No.23 Ramesh Chaudhari (Exh.No.363) hastestified that, in the year 2005, Chandrakant Janardhan Chaudhari

had taken contract of parking of vehicles at Railway Station,

Bhusawal. He and one Sayeed Kureshi were serving at the said

Parking Stand. The entries regarding the parking of the vehicles

at the Parking Stand were being taken in a Register Art.''19''. On

17-12-2005, police seized said Register in his presence from the

possession of Sayeed Kureshi under Seizure Panchnama Exh.No.

364. The evidence of this witness has gone unrebutted during the

cross examination. Hence, I find no reason to disbelieve the same.

70] Thus by adducing evidence of PW Nos.46 Police

Inspector N.S.Ghuge, PW No.8 Vilas Rambhau Kandare and

PW No.23 Ramesh Shantarm Chaudhari, the prosecution has

proved that the Motorcycle bearing No. MH-15/AP-1341 was used

in the commission by accused Raju Pundlik Mali ( Now deceased )

and Raju Chintaman Sonawane and they parked the same at

Parking Place of Railway Station, Bhusawal.

71] PW No.46 Police Inspector Shri Ghuge identified Knife

(Art.''15), Cellphone ( Art.'22'), Two Shirts and Pant ( Art.23,24

and 25) and Handkerchief (Art.26 ) before the Court.

72] It is pertinent to note that the learned Advocate for

accused Mr.Kaul, has cross examined PW No.46 Police Inspector

N.S.Ghuge. But his cross examination is limited up to the


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non-recording of statements of Dr.Rajesh Jain, Dr.Bhangale andthe wife of victim and non arranging of Test Identification Parade

by this witness. It is limited up to non existence of blood stains in

the Car of deceased and about forwarding the copies of Case

Diaries to the Office of Superintendent of Police, Jalgaon. It is

pertinent to note that Mr.Kaul Advocate has not put any question

to Police Inspector N.S.Ghuge about the contents of Arrest

Panchnamas Exh.Nos.311 and 312. He has not put any question

to Police Inspector Mr.N.S.Ghuge about the discovery and seizure

of Knife (Art No.15), Helmet, Clothes and Handkerchief on the

basis of disclosure statement made by deceased accused. He has

not put any question to Police Inspector Mr.N.S.Ghuge about the

discovery and seizure of Motorcycle bearing No. MH-15/AP-1341

from the Parking Place of Railway Station, Bhusawal, on the basis

of disclosure statement made by deceased accused Raju

Chintaman Mali. Consequently, the Arrest Panchnamas Exh.Nos.

311, 312, Memorandum cum Seizure Panchnamas Exh.Nos. 318,

453, 454 455, 456, 457 and 458 have gone unchallenged. The

evidence regarding the seizure of Knife (Art.15) and the seizure of

Motorcycle, Mobile Phone, Country-made Revolver, Cartridges on

the basis of disclosure statement made by accused Raju Pundlik

Mali, has gone unchallenged during the cross-examination of

Police Inspector N.S.Ghuge. Therefore, even though the Panch

Witnesses PW No.32 Satish Prakash Sapkale (Exh.No.397) and

PW No.43 Jitendra Rajendra Salunkhe (Exh.No.435) have turned

hostile. I believe the evidence of Police Inspector N.S.Ghuge as

true and hold that the Prosecution has proved that on the basis of


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disclosure statements made by accused Raju Pundlik Mali ( nowdead ), Knife (Art.15), Motorcycle Mobile Phone, Revolver and

Cartridges were discovered and seized.

73] PW No.26 Sachin Amarnath Mahajan

(Exh.No.378) is brother of wife of accused Raju Sonawane. He

sells goods in Railway train running between Nashik Road and

Igatpuri Stations. This witness has testified that, before about

3 to 4 years, accused Raju Sonawane met him at Nashik Road. He

was accompanying with accused Raju Mali. They came to Nashik

Road by Pawan Express at about 3.30 p.m., Accused Raju

Sonawane said to him that there was quarrel in between himself

and M.L.A Patil of Jalgaon on the earlier day and he himself and

his colleague have decided to surrender before police. It is in the

evidence of Sachin Amarnath Mahajan, that accused Raju

Sonawane directed him to take his sister Durga to his house at

Burhanpur to Nashik Road. It is in the evidence of this witness

that his brother in law accused Raju Sonawane and accused Raju

Mali met him only for 15 minutes at Nashik Road and they

immediately returned back by Kamayani Express.

74] It is true that, the evidence of PW No.26 is too vague.

He is unable to state the exact date, month or year when accused

Raju Chintaman Sonawane and deceased accused Raju Pundlik

Mali met him. It is also worth to note that, accused Raju

Chintaman Sonawane has not given Extra Judicial Confession in

clear words about the commission of Murder of professor V.G.Patil


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before PW No.26. I am aware that, the evidence of Extra JudicialConfession is weak type of evidence. Such confessions must get

corroboration from the other surrounding circumstances. In the

case in hand, it cannot be forgotten that, PW No.26 Sachin

Mahajan was not stranger to accused Raju Chintaman Sonawane.

He is real brother of the wife of accused Raju Chintaman

Sonawane. Furthermore, the post conduct of the accused Raju

Chintaman Sonawane and his co-accused Raju Mali ( now dead)

is relevant under the Indian Evidence Act. The defence could not

bring on record the reason as to why PW No.26 deposed false.

Therefore, I believe evidence of PW No.26 Sachin Mahajan as

true, to the extent that accused Raju Chintaman Sonawane met

him at Nashik Road and told him that he and his co-accused

wanted to surrender before Police, because of quarrel with M.L.A

Patil of Jalgaon on the earlier day. As per evidence of PW No.26

Sachin Mahajan, later on he came to know from the reading of

Newspaper that, Professor V.G.Patil was murdered at Jalgaon and

in connection of it, his brother in law Raju Sonawane and his

cousin brother Raju Mali were arrested.

75] PW No.44 Shantaram Gaikwad ( Exh.No.436 )

is Investigating Officer. He was Dy.S.P at State C.I.D Crime, Flying

Squad, Nashik at the relevant time. This witness has testified that

as per the directions given by Superintendent of Police, C.I.D

Crime, Nashik, on 30-09-2005, he took investigation of Crime No.

242 of 2005, registered at Jilha Peth Police Station, Jalgaon from

Police Inspector Ghuge. On 7-10-2005, accused Raju Mali gave


40/90


information in presence of Panchas that he has purchased Braceletand Knife from the Shops situated at Fule Market, Jalgaon and he

is ready to show those Shops. The said Statement was recorded

into writing in presence of Panchas vide Exh.No.361. It is in the

evidence of PW 44 Dy.S.P.Gaikwad that, accused Raju Mali took

himself and Panchas to the Shop of Rajesh Madhan. The seized

knife was shown to Rajesh Madhan and he was asked whether it

was sold by him to Raju Mali and he replied that it was same

knife, which was sold by him to accused Raju Mali. However,

accused Raju Mali was not identified by Rajesh Madhan. It is in

the evidence of Dy.S.P. Gaikwad, that the seized knife was shown

to the Doctor, who conducted Postmortem of deceased V.G.Patil.

The Doctor was asked to give opinion as to whether the injury

found on the person of Professor V.G.Patil, are possible by Knife

Art.''15. The Medical Officer gave Opinion vide Exh.No.386 that

the injuries found on the person of Professor V.G.Patil could be

inflicted by Knife Art.''15''. The Knife was thereafter sealed in

presence of Panchas. PW No.44 Shantaram Panditrao Gaikwad has

further testified that the clothes of deceased and accused persons

and their blood samples were sent to C.A Office, Nashik through

Police Constable Shantaram Patil, B.No.775. The Revolver and

four live Cartridges seized from accused Raju Mali were sent to

Ballistic Expert, Mumbai. The Test Identification Parade of

accused Raju Mali and Raju Sonawane was conducted at District

Prison, Jalgaon on 15-10-2005 through Executive Magistrate.

Witness Jayant Patil identified accused Raju Mali and Raju

Sonawane in the Test Identification Parade. PW No.16 Rambhau


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Gobru Pawar had gone to Bhopal. He was not available at thetime of conduction of First Test Identification Parade dated

15-10-2005. Therefore, his presence was secured and another

Test Identification Parade was conducted on 8-11-2005 at District

Prison, Jalgaon. Witness Rambhau Pawar identified both the

accused in the said T.I.Parade. The statements of Narayan

Badgujar, Firoz Tadvi, Madhukar Chaudhari, Mahesh Supdu

Mahajan were recorded. The record of the Calls from Coin Box

vide Exh.No.423 was made available by Telecom Engineer

Ravindra Tupe. The Hero Honda Motorcycle parked by accused

Raju Mali and Raju Sonawane in the parking plot of Bhusawal

Railway Station was seized. After due investigation, he filed

Charge-sheet against accused Raju Mali, Raju Sonawane, Liladhar

Narkhede and Damodar Lokhande on 22-12-2005.

76] PW No.45 Rajendrasing s/o Shri Ramswarupsing

Panwar (Exh.No.444) is Investigating Officer. He was serving as

Additional S.P in Special Crime Branch at C.B.I Mumbai, at the

relevant time. He has testified that,as per Order passed by the

Hon'ble High Court in Writ Petition No.6467 of 2005, the

investigation of the Crime was handed over to C.B.I. in February

2007. The case was registered at Special Crime Branch,Mumbai

vide R.C.No.2/S/2007 on 15thMarch, 2007. It's investigation was

handed over to him. He recorded statements of near about 100

witnesses including eye witness Rambhau Gobru Pawar. He also

recorded statement of Shaligram Onkar Mankar on 01-10-2007

and 14-02-2008, as per his say. He seized Personal Diary


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(Art.'20') of Rambhau Gobru Pawar under a Seizure Panchnama.He also collected 13 Photographs (Art.'7') of deceased V.G.Patil

from Police Photographer. On 10-06-2008, he filed Charge-sheet

against accused Raju Mali and Raju Sonawane. He filed another

Charge-sheet against accused Damodar Lokhande and Liladhar

Narkhede on 6-10-2008.

77] PW No.33 Pranav Vishram Patil ( Exh.No.400) is son of

deceased Professor Shri V.G.Patil. This witness has testified that

the CBI had given directions to him for production of the proof

regarding the blood group of his father. Therefore, he handed

over the Driving Licence ( Exh.No.401) before the CBI Officials. It

is in the evidence of PW No.33 Pranav Patil that, as per the

Driving Licence Exh.No.401, the blood group of his father

deceased V.G.Patil was 'O'' Positive. The evidence of PW No.33

Pranav Patil about the handing over of Driving Licence of victim

( Exh.No.401 ) to Investigating Officer has gone un-rebutted in his

cross examination. I find no reason to disbelieve the evidence of

this witness.

78] The Prosecution has produced Driving Licence of the

Victim at Exh.No.401. As per the Driving Licence the blood of the

Victim was ''O'' Positive. This Driving Licence has been issued by

RTO in the year 1990. I find no reason to disbelieve the entries in

the Driving Licence . Thus, the prosecution has proved that blood

Group of Victim was ''O'' Positive.


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79] PW. No.31 P.C.Buckle No.1728 Sanjay Bhimda Sapkale( Exh.No.395 ) and PW No.35 Police Constable Shantaram Vana

Patil (Exh.No.404) are the Carriers. These witnesses have testified

that they carried the seized articles in this Crime in sealed packets

and deposited the same in the Office of Regional Forensic, Science

Laboratory. The Defence has not seriously challenged testimony of

these witnesses.

80] PW No.17 Damodar Shrawan Kapde (Exh.No.352) was

serving as a Chemical Analyzer at Regional Forensic, Science

Laboratory at Nashik at the relevant time. This witness has

testified that he was serving as Assistant Chemical Analyzer at

Regional Forensic, Science Laboratory, Nashik. This witness has

testified that on 10-10-2005, Police Constable B.No.775 of Jilha

Peth Police Station, Jalgaon has produced six Sealed Parcels and

Five Sealed Packets along with forwarding letter dated 09-10-2005

to him. This letter was signed by Dy.S.P.,D.C.P., CID Camp, Jalgaon.

He also issued one sealed Carton from Medical Officer, Civil

Hospital, Jalgaon along with Forwarding Letter.

81] PW No.17 Damodar Kapde has further testified that on

11-10-2005, he started analysis of the samples. On opening of the

sealed parcels, he found (1) Baniyan sleeves (Cut) wrapped in

paper, (2) Underwear wrapped in paper, (3) Payjama wrapped in

paper (4) Nehru Shirt (Cut) wrapped in paper, (5) Surat (Knife) in

a packet (6) Handkerchief in a packet, (7) Half bush Shirt in a

Packet, (8) Full Pant in a packet (9) Full bush shirt in a Packet


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(10) Earth in a Polythene Bag wrapped in a paper and (11) earthwrapped in polythene bag.

82] PW No.17 Damodar Kapde has testified that, all

Exhibits were found stained with blood except Exh.No.11. All

blood samples were of human origin. Exh.Nos.1,3,4 and 5 were of

''O'' group and rest of the exhibits could not be classified, as the

results were inconclusive. The sample of the blood of the

deceased was analyzed on 11-10-2005, but the report was

inconclusive. The blood sample of accused Nos.1 and 2 were

analyzed on 1-20-2005 and it was found that the blood group of

accused No.1 Raju Mali was 'A' and blood group of Accused No.2

Raju Sonawane was ''B''. He further testified that as their Section

could not analyze the sample of soil, therefore, soil samples were

sent to General Analytic Division of their Office.

83] PW No.18 Chandrahans Rajaram Bodkhe

(Exh.No.357) is Assistant Chemical Analyst at Regional Forensic

Laboratory, Aurangabad. This witness has testified that on

22-11-2005, D.C.P ,CID Camp, Jalgaon had sent Soil sample to his

Office, for analysis. He analyzed the samples of Soil

84] As discussed above, PW Nos.17 Damodar Kapde and

PW No.18 Chandrahans Bodkhe have duly proved the C.A Reports

Exh.Nos.353 to 357.


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85] As per C.A Report Exh.No.353, human blood of Group'O' was detected on the seized Knife Art.'15.

86] As per C.A Report Exh.No.356, the Blood Group of

accused Raju Chintaman Sonawane is ''B''. As per C.A Report

Exh.No.355, the Blood Group of accused Raju Pundlik Mali ( now

dead ) is ''A''. There is nothing on record to show that accused

Raju Pundlik Mali ( now dead) and Raju Chintaman Sonawane

had sustained any injury on the day of incident.

87] As per C.A Report Exh.No.353, the seized Baniyan and

Neharu Shirt of Victim were stained with human blood of

Group ''O''.

88] Thus the prosecution has proved that, the Blood Group

found on the seized Knife Art.15 and clothes of deceased was of

one and the same i.e.,Group ''O'', which was the Blood Group of

Victim.

89] Thus, the prosecution has proved beyond doubt that

the Knife Art.'15' as well as Banian and Nehru Shirt of the Victim

were stained with blood of ''O'' Group, which is the Blood Group of

victim.

90] PW No.28 Dr.Pankaj Saindane has testified that on

7-10-2005, the Investigation Officer produced Knife Art.''15''

before him. The Investigation Officer made query to him as to


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whether the injuries mentioned in Column No.17 of theMemorandum of Postmortem Examination Exh.No.384, were

possible by the said Knife. It is in the evidence of Dr.Pankaj

Saindane that he seen the Knife. Thereafter, he gave opinion to

that effect that the injury sustained by deceased V.G.Patil were

possible by the Knife Art.''15''. PW No.28 Dr.Pankaj Saindane has

proved the Certificate of Opinion Exh.No.386.

91] The Defence Witness No.1 Sunil Bhimsen Khade

( Exh.No.706 ) is Ex Zilla Parishad Engineer. At present he works

as a Building Contractor. This witness has testified that National

Highway No.6 passes through Jalgaon City. It is known as

Dhule-Nagpur Road. Gujral Petrol Pump is adjacent to National

Highway No.6. Manraj Park is towards the East of Gujral Petrol

Pump at the distance 500 to 750 Meters. Netra-Deep Provisions is

situated at the distance of 100 feet from Manraj Park towards

southern side. The distance between Pimprala Gaon and Gujral

Petrol Pump is 500 Meters approximately. It is situated towards

the southern side of Gujral Petrol Pump. There is Tar Road of the

width of 40 Feet which emerges from Gujral Petrol Pump and

proceeds towards Pimprala.

92] In the cross examination, DW No.1 Sunil Khade has

admitted that he has not seen the Spot of Incident. One another

road also goes to Pimprala Gaon which passes from in front of

Manraj Park. The width of this Road is 30 feet. It has also come

in cross examination of DW No.1 that there are several roads


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having width of 20 Feet for going towards Pimprala Gaon. TheseRoads start from Gujral Petrol Pump locality and passes through

Manraj Park.

93] PW No.7 Abhay Gulabsing Shisode (Exh.No.315) has

testified that, Dy.S.P Shri Gaikwad called him at CID Office. One

Knife and Bracelet were shown to him. Dy.S.P. Gaikwad asked

accused Raju Mali where from he has purchased the said knife and

Bracelet. Thereon, accused Raju Mali replied that, he has

purchased Bracelet from Shringar Jewelers. As per evidence of

PW No.7 Abhay Shisode, accused Raju Mali took them to

Shringar Jewelers situated at Fule Market. The owner of the Shop

Rajwani was present there. Dy.S.P. Gaikwad shown Bracelet to

Rajwani. Thereon, Rajwani said that accused Raju Mali has

purchased the said Bracelet from his Shop for Rs.250/-. PW No.7

added that the Shop owner was knowing accused Raju Mali,

because he is is regular Customer. PW No.7 has further testified

that thereafter Raju Mali took them at Shri Amar Metals. The

owner of the Shop namely Mandhan was present there. The Knife

was shown to the Shop Owner. On inquiry, the Shop owner told

that, the said Knife was purchased by accused Raju Mali from his

Shop. It is in the evidence of PW No.7 that the words '' Lord

Original made in Germany Rust Proof Stainless still ''was embossed

on the said Knife. PW No.7 has further testified that, from Fule

Market, they returned back to CID Office and accused Raju Mali

was kept in Lockup. PW No.7 Abhay Shisode has identified

Bracelet Art.5-A & Knife Art.15 before the Court.


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94] The evidence of PW No.7 Abhay Shisode is not helpfulto the prosecution, because it is vague. He has not stated date

when accused Raju Mali was taken to Shringar Jewellers and Shri

Amar Metals. The Investigation Officer has not prepared any

Panchnama about the Disclosure Statement allegedly made by

accused Raju Mali about the purchase of Bracelet and Knife from

Shringar Jewellers and Shri Amar Metals. Furthermore, the

evidence of this witness is also not supported by the owners of

aforesaid Shops. Therefore, it is liable to be discarded.

95] PW No.21 Rajesh Manohar Mandan (Exh.No.361) is

Proprietor of Utensil Shop namely Shri Amar metals, situated at

Fule Market, Jalgaon. This witness has testified that before about

5 years, police brought accused Mali to his Shop. The Police asked

him as well as his servants as to whether they identify the said

accused. It is in the evidence of PW No.21 that he could not

identify the said accused. This witness has further testified that

police had shown Knife of Lords Company to him. After

examining said Knife, he told to police that the said knives of said

Company made in Germany were available in his Shop. He also

said to police that the Knife Art.'15' might have been purchased

from his Shop. It has came in cross examination of PW No.21 that

the Knife like Art.15 are avilable in the Market. Therefore, the

evidence of PW No.21 Rajesh Manohar Madan is not useful to the

prosecution on the point of the purchase of Knife Art.15 from Shri

Amar Metals.


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50/90


though the evidence of PW No.22 Ramesh Bhagwandas Rajwani

does not help the prosecution, it cannot destroy it's case.

98] PW No.10 Rajendra Bhivsan Koli (Exh.No.343),

PW No.11 Narayan Ganpat Badgujar (Exh.No.44) , PW No.12

Kailash Wamanrao Patil (Exh.No.345) and PW No.15 Shaligram

Onkar Malkar (Exh.No.350) are examined by the prosecution, on

the point of their cheating by accused Raju Pundlik Mali ( now

dead ). The sum and substances of evidence of these witnesses is

that, deceased accused grabbed huge amounts from them on the

pretext of getting their work done from Mantralaya, Mumbai and

Police Department. Therefore,the evidence of these witnesses is

not helpful to prove charge against accused Raju Chintaman

Sonawane.

99] The evidence of PW No.13 Shabbir Shaha Ajij Shaha

is about the seizure of Receipt Book Art.14 from Darga. There is

nothing on record to indicate that the accused Raju Chintaman

Sonawane has any concern with the said Receipt Book.

Therefore,the evidence of this witness is not helpful to prove

charge against accused Raju Chintaman Sonawane.

100] PW No.14 Devprakash Ramkisan Pawar and PW No.

34 Arjun Babarao Rathod are examined by the prosecution, on the

point of purchase of Hero Honda Motorcycle bearing Registration


51/90


No. MH-15/AP-1341 by accused Liladhar Narkhede under the SaleReceipt Exh.No.349 from them. The trial against accused Liladhar

Narkhede is yet to be commenced. Therefore, the evidence of

these witnesses is not cannot be appreciated at this stage.

101] As per prosecution case, PW No.24 Manohar Dayaram

Mahajan (Exh.No.365 ) provided old Dresses to Accused Raju

Chintaman Sonawane and Raju Pundlik Mali (now deceased ) on

their demand. However, this witness has not supported the

prosecution at all. Consequently, his evidence is not helpful to the

prosecution.

102] PW No.37 Ashok Vasudeoprasad Shrivastav, ( Exh.No.

411) is serving as a Police-sub-Inspector at Lalbag Police Station,

Burhanpur. As per evidence of this witness, Crime No.98 of 2002

u/s 294, 506 r/w Section 34 of I.P.Code and Crime No.100 of 2002

u/s 25 of Arms Act are registered against accused Raju Sonawane

at Lalbag Police Station, Burhanpur in the State of Madhya

Pradesh. Besides this, Chapter Proceeding u/s 107 of the Code of

Criminal Procedure was also initiated against him in the year

2002. The evidence of PW No.37 about the aforesaid Criminal

History of accused Raju Chintaman Sonawane has no relevancy,

because there is nothing on record to show that he is convicted by

the competent Court for the alleged offences.

103] The evidence of PW No.40 Ravindra Hari Tupey

(Exh.No.421) is on the point of Calls made on the Mobile Phone


52/90


of other accused from P.C.O.No.267721 of Kingaon. As perprosecution case, after commission of the offence, accused Raju

Chintaman Sonawane and Raju Pundlik Mali ( now dead ) made

calls from the aforesaid P.C.O to other accused in this Case. The

trial against the other accused is yet to be commenced. Therefore,

the evidence of this witness cannot be appreciated at this stage.

104] PW No.43 Jitendra Rajendra Solunke

(Exh.No.435) is a Panch witness on the Memorandum cum

Seizure Panchnama of Knife along with other Articles. However,

this witness has not supported the prosecution at all. The Special

P. P for C.B.I declared that PW No.43 Jitendra turned hostile and

cross-examined him at a length, but nothing came on record to

substantiate the charge. Therefore, the evidence of this not

helpful to prosecution.

105] PW No.32 Satish Sapkale (Exh.No.397) is a Panch

Witness on Memorandum Cum Seizure Panchnama. According to

prosecution case, as per disclosure statement of accused Raju

Mali, the Knife used for commission of offence along with some

other Articles was discovered and seized, in presence of this

witness. However PW No.32 Satish Prakash Sapkale has not

supported the prosecution. The Special P.P declared that this

witness has turned hostile and cross examined him at length, but

nothing came on record to substantiate the charge. Therefore, the

evidence of PW No.32 is not helpful to prosecution.


53/90


106] The Court Witness No.1 Smt.Rajani Patil (Exh.No.575)and Court Witness No.2 Shridhar Chaudhari (Exh.No.589 ) have

deposed about the political enmity between the victim and newly

arrayed accused Dr.Ulhas Vasudeo Patil and Gajendrasing Narayan

Patil. It has also came in the evidence of DW No.2 Shridhar

Chaudhari that prior to 4 to 5 days of the incident, accused

Liladhar Narkhede and Damodar Lokhande had brought accused

Raju Chintaman Sonawane and Raju Pundlik Mali (now dead ) to

the Office of Congress-I Party at Jalgaon The trial against accused

Liladhar Narkhede, Damodar Lokhande Dr.Ulhas Vasudeo Patil and

Gajendrasing Narayan Patil, is yet to be commenced. Therefore,

the evidence of Court Witness Nos.1 and 2 about the political

enmity between Victim and other accused cannot be appreciated

at this stage.

107] Mr.S.K.Kaul, the learned Advocate for accused Raju

Chintaman Sonawane made attack on the evidence of PW No.16

Rambhau Gobru Pawar on various grounds. He submitted that

PW No.16 Rambhau Pawar was not willing to give evidence. This

witness was repeatedly summoned, but he deliberately avoided to

appear before the Court. On 15-07-2010, he entered into Witness-

Box, but avoided to give evidence on the pretext of ill health.

Therefore, on his oral request, the matter was fixed for evidence

after two days. Inspite of it, this witness did not appear before

Court for giving evidence. Therefore, Bailable Warrant was issued

against him. On 6-08-2010, the bailable warrant was cancelled

subject to penalty of Rs.300/-. From such conduct of


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PW No.16 Rambhau Pawar, he can be branded as a got up witness.The learned Defence Advocate further argued that, Pimprala is at

the distance of half kilometer from Gujral Petrol Pump. There is a

Tar road just opposite to Gujral Petrol Pump, which goes to

Pimprala. There was no reason to PW No.16 for going towards

the place of incident i.e., Manraj Park or Netra-Deep Provisions.

PW No.16 is not resident of Jalgaon. He cannot have knowledge

about Gujral Petrol Pump, Manraj Park etc. The learned Defence

Advocate further argued that, as per evidence of

PW No.16 Rambhau Pawar, he narrated the incident to police on

the same day. Inspite of it, the statement of PW No.16 Rambhau

Pawar is not treated as FIR by Police. The First Informant is

PW No.1 Mahendra Mahajan. Therefore, the evidence of PW

No.16 Rambhau Pawar that he narrated the incident to police on

the same day, becomes doubtful. The learned Defence Advocate

further submitted that, the photographs of the accused Raju

Pundlik Mali (now dead) and Raju Chintaman Sonawane were

already published in Local Newspapers. Therefore, both the Test

Identification Parades have become meaningless. The learned

Defence Advocate further argued that, the conduct of PW No.16

Rambhau Pawar is strange. He has not made complaint to

Tahsildar though accused Raju Mali ( now dead ) threatened him

after the Test Identification Parade. Therefore, the evidence of

PW No.16 Rambhau Pawar about the identification of accused

Raju Pundlik Mali (now dead ) and Raju Chintaman Sonawane

becomes doubtful. The learned Defence Advocate further argued

that, the Diary Art.'20 is not regularly written by PW No.16


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Rambhau Pawar. This fact is sufficient to infer that the entry ofthe incident dated 21-09-2005 in Diary Art.No.20 is fabricated.

The learned Defence Advocate further argued that, PW No.16

Rambhau Pawar has criminal antecedents. In his cross-

examination, PW No.16 has admitted that, one Chapter Case was

filed against him at Dhule. He has further admitted that on

30-07-2009 one Ramesh Patil and on 8-03-2009 one Ashok

Marathe had filed complaints against him at Taluka Police

Station,Dhule.

108] The learned Defence Advocate further argued that as

per English Deposition, PW No.16 reached to Gujral Petrol Pump

at 7.00 a.m. But as per the Marathi Deposition, he reached there

at about 7.30 a.m. He argued that when there is variance

between English Deposition and Marathi Deposition, the

vernacular version would prevail. The learned Defence Advocate

further argued that, that as per the evidence of PW

No.36 Police Constable C.B.Chaudhari (Exh.No.406), he heard the

noise from Manraj Park at about 7.30 a.m. As per the evidence of

PW No.38 PSI M.K.Chaudhari, he received telephonic message

regarding the attack on victim at about 7.25 a.m. As per the

evidence of PW No.39, Police Inspector Mr.Y.D.Patil, he got

information about the assault on victim at about 7.30 a.m. The

learned Defence Advocate argued that as per Marathi version,

PW No.16 alighted from t

vishram patil murder case jalgaon court judgement

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