The post mortem report purported to have been seized bore the name and address of the deceased.
Only a skeleton was recovered.
The deceased had also borrowed a sum of Rs.1,000/ from PW 6 , Nandu Bhalke.
620 OF 2006 B. SINHA The deceased Uttam Sonwale is the brother in law of the appellant.
Appellant and another person Gautam original accused No.2 also came there.
Motive Last seen together with the deceased on 19th December, 1995 Extra judicial companyfession said to have been made before PW.3, Vimalbai Discovery of bloodstained clothes from the house of the accused.
At about 3.00 p.m on that day they were allegedly seen together by PW 5, Taterao Sonwale.
On 18th December, 1995 PW 6 came to the agricultural land of the deceased, where he and his wife had been working and demanded back the said amount of Rs.1,000/ .
The skeleton was sent for post mortem on 24th December, 1995 which was received in the hospital at about 11.00 a.m. on 24th December, 1995.
The deceased did number return back home.
PW 1, Shrikant Devidasrao Bhore was a resident of Nanded.
Post mortem examination was companyducted at 10.00 a.m. on 25th December, 1995.
No First Information Report was lodged.
The learned trial companyrt as also the High Court, on analysing the materials brought on records by the prosecution, found the following circumstances as against the appellant to record a judgment of companyviction against him.
He undertook to takeover the responsibility of cultivating her land and perform the marriage of her daughters.
He was a resident of village Deulgaon, Taluka Loha in the District of Nanded.
Vimalbai is the wife of the deceased.
Original accused No.2, Gautam was, however, acquitted.
Allegedly on 20th December, 1995 the appellant informed the wife of the deceased that he had killed him and asked her number to disclose the said fact to anybody.
His sister Sarjabai was married to the appellant.
He came to the police station, Vazirabad at about 1.00 or 1.30 p.m. on 23rd December, 1995 informing the Officer Incharge therein that one human skeleton had been seen in his brothers land.
Appellant and Gautam were arrested.
Allegedly the appellant was demanding back a sum of Rs.50,000/ to Rs,60,000/ , from him although the principal amount was only Rs.5,000/ .
The deceased was expecting payment of some amount of companypensation from the State.
Allegedly he did number allow the deceased to sell even a portion of the family land for the purpose of returning the amount of loan on the ground that his wife Sarjabai had a share therein.
The Investigating Officer visited the place and allegedly saw a human skeleton, some clothes and a post card.
He also found nearby a big stone having some blood stains.
No report was also given to the police in regard to the missing of the deceased, Uttam Sonwale.
The deceased had taken some loan from the appellant at the time of the marriage of one of his sisters, Savita.
They allegedly decided to leave for Nanded for companylecting the said amount of companypensation.
CRIMINAL APPEAL NO.
Discovery of a knife at the behest of the accused from thorny shrubs situate near the scene of the offence.
At the behest of the appellant, recovery of a knife is said to have been made.
After the receipt of the post mortem report, a First Information Report was lodged on 26th December, 2005 by the Officer Incharge.
