State Of Maharashtra vs Baban Sonba Gore & Ors

A.S. GADKARI, J

This is an Appeal against acquittal of Respondents from the offences punishable under Section 302, 201 read with Section 34 of the Indian Penal

Code by the learned 4th Additional Session Judge, Pune, in Session Case No.238 of 1996 by its Judgment and Order datedth 7 June

1997.

Heard the learned APP at length and perused the entire record. The prosecution case in nutÂshell is that, Ms.Gangubai Gore (deceased) and

Shivaji @ Balu Ganpat Thopate (deceased) were having love affair and out of their affair Gangubai Gore(deceased) became pregnant. That Shivaji @

Balu (deceased) got the said pregnancy terminated. The parents and relatives of Gangubai Gore(deceased) did not approve the said affair and after

coming to the knowledge of the said fact of abortion, they got enraged. That Shivaji @ Balu (deceased) continued to meet Gangubai Gore (deceased)

even after admonition by the parents of Gangubai.

It is the further prosecution case that from the night of 6th October 1995 Gangubai Gore  (deceased) and Shivaji @ Balu (deceased) went missing

and were not traceable. That Respondent No.1, the father of Gangubai Gore (deceased) lodged missing report with the police on 13th October 1995

(Exhibit.79) stating that his daughter Gangubai Gore (deceased) was missing since the night of 6th October 1995. That on 17th October 1995, the dead

bodies of Gangubai Gore (deceased) and Shivaji @ Balu (deceased) were found in a well located in the same village which was owned by ÂVasant

Narayan Ranjekar (witness not examined). The dead bodies were identified by Popat Chander Konde (PWÂ3). After completion of investigation

police submitted chargeÂsheet. The learned trial Court by the impugned Judgment and Order was pleased to acquit the Respondents from the

aforesaid offences.

The present case is based on circumstantial evidence. A minute perusal of evidence available on record would indicate that the chain of

circumstances propounded by the prosecution is not complete and there are several lacune in it. Record further indicates that the bodies of the

deceased persons when took out from the well were noticed as extensively decomposed and therefore, the medical Officer could not give exact and

definite cause of death of the said two victims and therefore it is difficult to hold that the Respondents committed murder of the said two persons.

After perusing entire evidence available on record, we are of the considered opinion that the view adopted by the trial Court is a reasonable and

probable view, in view of the facts and circumstances of the present case. We find that, there are no merits in the Appeal and Appeal is accordingly

dismissed.