The police thereafter prepared a panchnama of the statement Ext.19 so made and he signed the same.
On that report a case was registered and the appellant was arrested.
Thereafter he along with the police officer, the appellant and another witness left in a jeep.
The High Court reversed the order of acquittal and companyvicted and sentenced the appellant for both the offences.
A few days before her death Tulsibai had companyplained of some stomach ailments and had approached the appellant to cure her.
The appellant also made a statement before the Investigating Officer 10 and other witnesses that he would show the place where he had initially buried the dead body of Tulsibai.
To prove its case the prosecution relied upon the ocular version of Kamala and the following circumstances Tulsibai left her house on June 24, 1984 with a mangalsutra and earrings on her person Before leaving the house she had told her husband that she would be visiting the appellant for getting herself treated In that evening she did number companye back home as expected On June 27, 1904 the appellant went to the house of Vishnu and made a prophesy that her body would be found near the creek on the next day The above prophesy of the appellant came true when her dead body was found near the creek on June 20, 1984 The ornaments which she was wearing when she left the house on June 24,1984 were missing from the dead body Soon after her disappearance the appellant had sold those ornaments to P.Ws.
In his presence a police officer interrogated the appellant and he the appellant told that he had kept the ornaments of the deceased at Kalyan and he would produce them.
To prove that numbere except appellant companyld have removed those ornaments, the prosecution relied upon the evidence of Sakharchand PW 2 and Hajarabi PW 5 .
He then took them to his hut.
Besides a rank odour was emanating therefrom.
The 10 seized all the articles found there and along with the clothes of the deceased and of the appellant, which were earlier seized, sent them to Forensic Science Laboratory FSL for examination and analysis.
When, till evening, Tulsibai did number companye back home, Vishnu went in search of her to the house of the appellant only to be told that she had number companye to his place.
800/ .
On the following day i.e. June 25, 1984 Vishnu along with his two brothers searched for Tulsibai at various other places but companyld number trace her out.
Bereft of details the prosecution case is as under Vishnu Shankar P.W.7 and his family companyprising his wife Tulsibai the deceased and two brothers Maruti Shankar W.1 and Sommwar Shankar P.W.4 , were residents of village Goa in the district of Thane whereas the appellant, who happens to be their companysin mothers sisters son , lived in the nearby village Kon, with his mistress Kamala W.3 .
2 and 5 On June 29, 1984 when, pursuant to the statement made by the appellant earth was dug in his hut, it was found to emanate a foul smell and to companytain articles, including hair, which companyld be only of the dead body of a human being, and a hammer and Human blood was found on the bush shirt of the appellant and on the human hair.
and told him W.2 to produce the beads.
Then he took them to a shawl and called Hajarabi W. 5 .
The appellant promised to cure her through sorcery within a day provided he was paid Rs.
Hence this statutory appeal at his instance.
The appellant used to earn his livelihood from sorcery and prophesy and the family of Vishnu had full faith in his eerie expertise.
However on June 27, 1904, the appellant himself went to the house of Vishnu and, on being paid the demanded amount, told that the dead body of Tulsibai would be found near the creek on the following day i.e. June 28, 1984.
Near Lal Chowki the jeep stopped as asked for by the appellant.
Thereafter when they again went to the appellant to enquire about her, he demanded a sum of Rs.
At that time she was wearing a pair of gold earrings and a mangalsutra with four gold beads and two pendants.
After the beads Ext.
Even though the amount was readily paid the appellant companyld number keep his promise.
On being asked by him the appellant she produced the earrings Ext.21 .
The trial Judge acquitted the appellant and aggrieved thereby the respondent State of Maharashtra filed an appeal in the High Court.
The above prophesy of the appellant came true for on June 28, 1984 the highly mutilated dead body of Tulsibai was, indeed, found near the creek by Vishnu and his brothers.
The 10 P.W.19 fully companyroborated the above testimony of P.W.9.
On receipt of the reports of FSL and after companypletion of investigation the 10 submitted chargesheet against the appellant and in due companyrse the case was companymitted to the Court of Session The appellant pleaded pot guilty to the charges levelled against him and his defence was that he had been falsely implicated.
Thereafter the appellant book them to the shop of Sakharchand P.W.2 .
22 were produced the police officer seized them in their presence.
On digging the earth there some human hair, pieces of human skin and flesh and a hammer were found.
Maruti then went to the Police Station and lodged a report alleging that the appellant had companymitted the murder of his sister in law.
Accordingly on June 24, 1984 Tulsibai left her house telling her husband that she was going to the appellant for treatment.
He however asked Tulsibai to companye to his but a few days later.
Pursuant to the statement made by the appellant the two ear rings and the mangalsutra of Tulsibai were recovered from Hajarabi P.W.5 and Sakharchand P.W.2 respectively.
751/ for prophesying the whereabouts of Tulsibai but the demand was number met.
K. MUKHERJEE, J. The appellant before us was tried by the Sessions Judge, Thane for offences punishable under Sections 302 and 201 IPC.
The allegation against him was that on June 24, 1984 he companymitted the murder of Tulsibai, wife of Vishnu Shankar, and threw her dead body near a creek.
