On 3rd September, 2004, PW 5, Genba, gave a missing report regarding Dhondiram and, thereafter, on the basis of a FIR lodged by the PW 7, Tanaji, Criminal Case bearing No.64 of 2004, for offences alleged to have been companymitted under Sections 302 and 201 of the Indian Penal Code, was registered against the appellant.
Relying mainly on the said evidence, and the circumstantial evidence, which had been gathered, the learned Sessions Judge companyvicted the appellant under Section 302 read with Section 201 Indian Penal Code and upon holding that this was one of those rarest of rare cases awarded the death penalty to the appellant, which subsequently, came before the High Court for companyfirmation.
The Confirmation Case was filed by the State of Maharashtra, seeking companyfirmation of the death penalty imposed upon the appellant, Dnyaneshwar Haibhau Kulal, in Sessions Case No.2 of 2006, by the Sessions Judge, Satara, on 18th November, 2006, for the offence punishable under Section 302 of the Indian Penal Code.
From the evidence of PW 7, Tanaji Dhondiram Kulal, son of the deceased, it appears that on 2nd September, 2004, news was received that in the field near Sanand a headless body had been found.
On reaching there, P.W.7 identified the body to be that of Dhondiram and, thereafter, companyplaint was lodged, being FIR Crime No.64 of 2004, under Sections 302 and 201 of the Indian Penal Code.
Subsequently, on 27th October, 2004, some other articles, including a skull, were recovered from the field known as Jotibacha Inam.
This appeal is directed against the judgment and order dated 11th January, 2008, passed by the Bombay High Court in Criminal Appeal No.464 of 2007, along with Confirmation Case No.1 of 2007.
Thereafter, after investigation, the Investigating Officer filed chargesheet against the appellant, sent him to trial for having allegedly companymitted the murder of Dhondiram.
According to the said witness, the appellant met him when he was in the field and took out the head of the deceased from a gunny bag, which he was carrying claiming that he had cut off the head from the deceased after killing him.
PW 6, Dashrath Bhau Kachare, is the main witness on whom the prosecution relies, since there are numberother witnesses to the incident.
Leave granted.
