- (1.)By this appeal filed under Section 374 of the Code of Criminal Procedure, the appellant - accused challenges the judgment and order dated 19.07.2011 passed by the Session Judge, Chandrapur, in Sessions Case No. 4 of 2010, holding him guilty of an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.3,000/ or in default to suffer Rigorous Imprisonment for six months.
(2.)The prosecution story in brief is that on 14.10.2009 at 4.00 P.M., Room No. 2 of Shivshankar lodge, Bramhapuri was procured by the appellant - accused giving his name as Manoj Meshram. The lady whose identity was disclosed as Diksha Meshram was accompanying him. They claimed to be the residents of Chamorshi, District - Gadchiroli. This room was given to them by the first informant - Sandip Anil Maturkar (P.W.1) working in adjacent liquor shop as also in the lodge. P.W.3 - Kartik Naktode is regular employee of that lodge and in his absence, Sandip used to take entry of the customers in the register maintained at lodge. On 14.10.2009 at 6.00 P.M., Kartik Naktode reported at lodge and hence P.W.1 - Sandip went to his liquor shop where he worked in the evening and went back to his own house at 9.30 P.M.
(3.)On 15.10.2009 at 8.00 A.M., P.W.3 - Kartik informed P.W.1 - Sandip that the lady was lying dead on the bed in Room No. 2 and man was not seen. Sandip, therefore, went to lodge and thereafter reported the matter to the Police. A.D. No. 56 of 2009 under Section 174 of Criminal Procedure Code was taken note of and Police Inspector Jagdip Bhakte (P.W..7) of Bramhapuri Police Station started investigation. He visited lodge, prepared spot panchnama, articles lying in the room were seized, inquest was drawn and then dead body was forwarded for post mortem examination. The register of Shivshankar lodge was also seized from its owner by name Sandip Suresh Amle. He recorded statement of witnesses from time to time. The Medical Officer opined strangulation by ligature and throttling, to be the cause of death. After this opinion, P.W.7 recorded offence against Manoj Meshram vide Crime No. 203 of 2009 under Sections 302 and 201 of I.P.C. Certain seizure of cloths and articles received from the Rural Hospital, Bramhapuri were effected on 15.10.2009. As person by name Manoj Meshram could not be traced, on 16.10.2009, P.W.7 - Shri Bhakte issued letter to Editors of all local Newspapers to publish photograph of the deceased. On 27.10.2009, Manohar Shankar Dhoke, brother of the deceased and Smt. Ranjana Dilip Fuley, friend of the deceased came to Police Station Brahmapuri. They established the identity of the deceased as Sheela wife of Dharmendra Laxman Sahare, after seeing photographs of dead body and belongings. Their statements were recorded and then P.W.7 arrested accused Dharmendra Laxman Sahare on the very same day. His cloths, mobile phone were seized. On 02.11.2009, mobile phone of the deceased was also seized. On 19.11.2009, requisition was issued to the Tahsildar for holding identification parade. In the said Identification parade, P.W.1 and P.W.3 identified Dharmendra Laxman Sahare as the person who posed to be Manoj Meshram. During investigation, prosecution found that Dharmendra husband of the deceased Sheela had called her at Shivshankar lodge where he obtained room by disclosing false identity and then committed murder of his wife. He had already performed second marriage without divorcing Sheela and litigation was going on between the accused and the deceased. After further investigation and post mortem, Chemical Analyzer's report, collection of marriage invitation card of deceased & accused etc., charge sheet came to be filed against the appellant for the offence punishable under Sections 302 and 201 of I.P.C. in the court of J.M.F.C., Brahmapuri, who made it over to the Sessions Court under Section 209 thereof.