Laxman Madhukar Sarnaik vs The State Of Maharashtra
2023 Latest Caselaw 8973 Bom

2023:BHC-AS:25141-DB
                      S S KADAM                                                     4-apeal-1250-2022.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO. 1250 OF 2022

                             Laxman Madhukar Sarnaik                     )
                             Age : 30 yrs, Gandhinagar,                  )
                             Jhopati S. T. Mahamandal,                   )
                             Thane.                                      )
                             (Nashik Road Central Prison).               )           ... Appellant
                                                                         )        (Original Accused)
                                                           V/s.


                             The State of Maharashtra                    )
                             (at the instance of Palghar Police Station) )
                                                                                     ... Respondent


                      Ms. Dhanalakshmi Iyer for Appellant.
                      Mr. S. S. Hulke, APP for Respondent-State.


                                             CORAM                     : A.S. GADKARI AND
                                                                         SHIVKUMAR DIGE, JJ.

DATE OF RESERVING : 11th JULY, 2023.

DATE OF PRONOUNCEMENT : 31st AUGUST, 2023.

Judgment (Per Shivkumar Dige, J.) :

1. The challenge in the present Appeal is to the Judgment and

Order dated 22nd December 2008 passed in Sessions Case No.117 of 2007

by the Additional Sessions Judge, Palghar, whereby Appellant is convicted

for an offence punishable under Section 302 of the Indian Penal Code (for

short "IPC") and is sentenced to suffer rigorous imprisonment for life and to SHUBHADA SHANKAR pay fine of Rs.3000/-, in default of payment of fine, to suffer further KADAM Digitally signed by rigorous imprisonment for a period of one year.

SHUBHADA
SHANKAR KADAM
Date: 2023.09.01                                                                                            1/18
11:45:34 +0530





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2.                Brief facts of the case are as under :

2.1. The first informant - Asha Gholapkar's daughter Chitra had

love marriage with Appellant. She was residing with Appellant in

Gandhinagar locality where the first informant was residing. After few days

of marriage, Appellant would beat Chitra after consuming liquor. He was

not doing any job and used to remain idle. Two months prior to the

incident, he had eloped with another girl viz. Husna and he stated that, he

would marry with Husna. The said proposal was opposed by Chitra,

therefore there used to be quarrel between Chitra and Appellant and

Appellant would beat Chitra.

2.2. On 9th April 2007 at about 12.30 pm. PW-1 Asha got

information that, Appellant had severally beaten Chitra. She was

unconscious and was taken to hospital. Asha went to Dhavale Hospital,

Palghar. There she found that, Chitra had died. She had injuries on her

head, mouth and on her whole body. Asha lodged report against Appellant

and his mother Manda, grandmother Sushila and aunt Puspha stating that,

all of them have assaulted Chitra with iron rod and kicks and caused her

death. On her report, police registered First Information Report (FIR). After

completion of investigation, police filed charge-sheet against Appellant only.

The case was committed to Additional Sessions Court, Palghar. Charge was

framed against Appellant. He pleaded not guilty and claimed to be tried.

2.3. To prove its case, prosecution has examined 10 witnesses.

Statement of Appellant under Section 313 of Code of Criminal Procedure,

S S KADAM 4-apeal-1250-2022.doc

1973 (for short "Cr.PC.") was recorded. The defense of Appellant was of

total denial. Appellant examined Husna as defense witness.

2.4. Considering the evidence on record and submissions of both

the learned counsel, Trial Court has convicted Appellant as referred above.

3. It is the contention of learned counsel for Appellant that, the

Trial Court has not considered the evidence produced on record properly

and has erroneously come to the conclusion that, Appellant has committed

the crime. The prosecution has not proved its case beyond reasonable

doubt. There are material contradictions in the evidence of prosecution

witnesses. There are ambiguities in the statements of witnesses but it was

not considered by the Trial Court. PW-2 Babita Joshi, eye-witness, has

stated that, she had already witnessed Chitra being beaten up, then why did

she leave her alone for further torture. After some time, she returned back

and found Chitra unconscious. It shows ambiguity in her evidence. Her

house was 10 to 15 feet away from the house of Appellant. It was

impossible that, this witness could have heard screams of Chitra. Learned

counsel further submitted that, it has come in the evidence of PW-3 Tulsi

Joshi that, she had gone to Appellant's house when he was beating Chitra

but this witness has not referred the presence of PW-2 Babita being there.

It creates doubt about the evidence of this witness.

3.1. Learned counsel further submitted that, the weapons seized

under the disclosure statement of Appellant does not prove that, the

injuries caused to Chitra were due to these weapons but this fact is not

S S KADAM 4-apeal-1250-2022.doc

considered by the Trial Court. Learned counsel further submitted that,

prosecution failed to prove the motive behind the crime. Hence, requested

to allow the Appeal.

4. It is the contention of learned APP that, prosecution case is

based upon direct evidence. There are four eye-witnesses who had seen

Appellant beating Chitra by making her naked. Appellant beat Chitra for 2-

3 hours with wooden stump and iron rod. Due to the said assault, 24

injuries were caused to Chitra. Appellant had love affair with another

woman Husna and he wanted to marry her, which was opposed by Chitra.

On that ground, Appellant beat Chitra to death. The Judgment and Order

passed by the Trial Court is legal and valid, no interference is required in it.

Hence requested to dismiss the Appeal.

5. We have heard Ms. Dhanalakshmi Iyer, learned Advocate for

Appellant and Mr. S. S. Hulke, learned APP for the State. Perused record,

and impugned Judgment and Order of the Trial Court.

6. There is no dispute about homicidal death of the deceased. PW-

10 Dr. Parag Talele who treated the deceased has stated that, on 9 th April

2007, deceased Chitra was brought to the hospital by her husband and

relatives. She was unconscious and her pulse and blood pressure were not

recordable. She was having bleeding injuries on occipital region. Mandible

was fractured and dislocated. There was bleeding from left ear and also

from mouth. Left arm was swollen. On the stomach, there were marks of

injury in circular shape, however, those injuries were not bleeding. There

S S KADAM 4-apeal-1250-2022.doc

were 3 to 4 such circular injuries. Upper vagina was bleeding and swollen.

This witness provided primary treatment but there was no improvement in

her health, it was deteriorating. As his hospital was not having facility for

advance treatment, this witness suggested to admit Chitra in K.E.M.

Hospital, Mumbai.. Ambulance was arranged to transport her to K.E.M.

Hospital. This witness accompanied Chitra to K.E.M. Hospital. However,

she died on the way.

6.1. In cross-examination, this witness admitted that, Appellant was

with deceased till she was brought to the hospital. Post-mortem report is at

'Exhibit-24'. This report is admitted by Appellant. Hence, the doctor who

conducted post-mortem was not called for evidence. Appellant had not

filed any application to call this doctor for cross-examination to bring any

circumstance on record to favour him. The post-mortem report shows that,

deceased was having total 24 injuries on her person, which are mentioned

hereinbelow:

1] C.L.W. on scalp on right fonto parietal region Size : 8 cm X 1 cm X bone deep Direction - oblique Margin - Irregular Object - Hard and Blunt

2] Hematoma on Temporal region right side just above the right ear Size : 8 cm XC 6 cm.

            Colour - Reddish-blue
            Object - Heard and blunt

3]          Contusion around both eyes (Black eyes)
            2 Cm. Diameter around eye
            Colour - Blackish
            Object - Hard and blunt




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4]          Abrasion on face left side on maxillary area below eye
            Size : 4 cm X 4 cm.
            Margin - Irregular
            Object - Hard and blunt

5]          Contusion on face on left side in front of the ear
            Size : 3 cm X 4 cm.
            Colour - Blue
            Margin - Irregular
            Object - Hard and blunt

6]          Contusion on left side mandible
            Size : 3 cm X 4 cm.
            Margin - Irregular
            Colour - Blue
            Object - Hard and blunt

7]          Abrasion with contusion on right side mandle area with fracture right

side mandible near midline causing disfigurement of shape of jaw and face.

Size : 9 cm X 6 cm.

            Colour - Blue
            Margin - Irregular
            Object - Hard and blunt

8]          Abrasion on chick
            Size : 2 cm X 1 cm.
            Margin - Irregular
            Object - Hard and blunt

9]          Abrasion on neck below right ear
            Size : 3 cm X 2 cm.
            Margin - Irregular
            Object - Hard and blunt

10]         Abrasion on chest on right side in inpraclavicular area
            Size : 4 cm X 3 cm
            Margin - Irregular
            Object - Hard and blunt

11]         Contusion on right side in Mammary region
            Size : 4 cm X 6 cm
            Margin - Irregular
            Object - Hard and blunt




 S S KADAM                                                         4-apeal-1250-2022.doc




12]         Contusion on tip of shoulder right
            Size : 2 cm X 2 cm
            Colour - Blue
            Margin - Irregular
            Object - Hard and blunt

13]         Contusion on right upper area middle 1/3 area on Lat aspect
            Size : 3 cm X 6 cm
            Colour - Blue
            Margin - Irregular
            Object - Hard and blunt

14]         Contusion on left upper area middle 1/3 area on lateral aspect
            Size : 4 cm X 4 cm
            Margin - Irregular
            Colour - Blue
            Object - Hard and blunt

15]         Abrasion on left tip of shoulder
            Size : 1 cm X 1 cm
            Margin - Irregular
            Object - Hard and blunt


16]         Abrasion on left hand dorsally near wrist joint
            Size : 2 cm X 2 cm
            Margin - Irregular
            Object - Hard and blunt

17]         Contusion with abrasion on abdomen in Umblical region on left side
            just above the umblicus
            Size : 1.5 cm. In diameter, circular shape
            Margin - Irregular
            Colour - Blue
            Object - Hard and blunt

18]         Contusion on right side unblical region below the unblicus right side
            Size : 1.5 cm. Diameter circular shape
            Object - Hard and blunt

19]         Contusion on left leg thigh middle and lower 1/3 area
            Size : 10 cm X 6 cm
            Colour - blue
            Object - Hard and blunt




 S S KADAM                                                         4-apeal-1250-2022.doc




20]         Contusion on left lower leg below the knee joint
            Size : 5 cm X 3 cm
            Colour - Blue
            Margin - Irregular
            Object - Hard and blunt

21]         Contusion with abrasion near ankle jt. left lateral aspect
            Size : 6 cm X 4 cm
            Colour - Blue
            Object - Hard and blunt

22]         Contusion with abrasion on right leg middle 1/3 area lateral aspect
            Size : 4 cm X 3 cm
            Margin - Irregular
            Object - Hard and blunt

23]         Contusion on both buttock
            Size : 10 cm X 8 cm
            Colour - Blue
            Object - Hard and blunt

24]         C.L.W. at anus at 11 O' clock position
            size : 3 cm X 1 cm X 1 cm. deep bleeding
            Margin - Irregular
            Object - Hard and blunt

6.2. The cause of death is mentioned as, fracture of skull bone

causing extradural hemorrhage and multiple injures over entire body.

Admittedly, the said injuries were caused by blows of hard and blunt

weapon.

6.3 Appellant has not taken any specific defense to explain these injuries.

At the time of incident, Appellant was present in the house. Appellant has

not disputed homicidal death of deceased. It proves that, death of the

deceased was homicidal.

S S KADAM 4-apeal-1250-2022.doc

7. It is the prosecution case that, Appellant beat Chitra to death

as he wanted to perform marriage with Husna which was opposed by

Chitra.

7.1. PW-1 Asha Gholapkar at 'Exhibit-14' has stated that, Chitra was

married to Appellant. They were residing in the locality behind her house.

Appellant was not earning anything. He used to stay at home without

doing any labour work. 15 days prior to the incident, Appellant had

abducted another girl viz. Husna. After 8 days, he promised to Chitra that,

he would behave properly. PW-1 persuaded Appellant to treat Chitra

properly and not to beat her. On 9th April 2007, Appellant beat Chitra

severally. She came to know about it through Bhavna. Then she called her

husband and informed him about incident. Thereafter, Appellant came to

PW-1 holding a weapon in his hand and told her that, he murdered Chitra.

Thereafter Appellant carried Chitra to Dhavale Hospital. This witness went

to the said hospital. Doctor told her that, her daughter was serious and was

shifted to Mumbai. But on the way to Mumbai, she died. This witness had

seen the dead body of Chitra. She was having injuries and marks of assault

on her head and neck. She lodged a complaint. It is at 'Exhibit-15'. In

cross-examination, this witness admitted that, she could not tell full name

of Husna and whether Appellant had gone with Husna. This witness stated

that, during the period of cohabitation up to the abduction of Husna,

Appellant used to beat Chitra and this witness had seen it. Appellant had

come to her house around 10.00 to 10.30 am with weapon. From evidence

S S KADAM 4-apeal-1250-2022.doc

of this witness, it reveals that, Appellant was unemployed, he was not doing

any work. Appellant had eloped with a girl named Husna, and he used to

beat Chitra.

8. The incident of beating Chitra by Appellant was witnessed by

four eye-witnesses i.e. PW-2 Babita Joshi at 'Exhibit-16', PW-3 Tulsi Joshi at

'Exhibit-17', PW-4 Santosh Joshi at 'Exhibit-18' and PW-5 Bhavna Nalavde

at 'Exhibit-19'.

9. PW-2 Babita Joshi has deposed that, Appellant was her

neighbour. Chitra and Appellant used to quarrel with each other. On 9 th

April 2007, in the morning between 9.30 to 10.00 am, she heard shouts of

Chitra, therefore, she went to the house of Appellant. She found that, there

were no clothes on the person of Chitra and Appellant was beating her. She

asked Appellant to refrain from assault but Appellant abused her and told

her that, she had no concern with their dispute. In the presence of this

witness, Appellant slapped Chitra and also kicked on her lower abdomen.

She returned to fetch water. After some time, Tulsi (PW-3), sister-in-law of

PW-1 called her. She asked this witness to accompany with her as Chitra

was to be admitted in the hospital and it was necessary to wear clothes to

her. Therefore, this witness again went to Chitra's house. There were no

clothes on her person. PW-2 wore clothes to Chitra. Appellant lifted Chitra

for admitting her in the hospital. Tulsi went along with Appellant and

Chitra. This witness came to know at 2.30 to 3.00 pm that, Chitra died. In

cross-examination, this witness admitted that, she did not call any other

S S KADAM 4-apeal-1250-2022.doc

person for rescuing Chitra from the clutches of Appellant. From the

evidence of this witness, it reveals that, this witness had seen Appellant

beating Chitra. There were no clothes on her person. This witness tried to

intervene but Appellant abused this witness.

10. It has come in the evidence of PW-3 Tulsi Joshi at 'Exhibit-17'

that, on the day of incident at about 9.00 am, she was standing in front of

her house as it was time for water-supply in their locality. She heard shouts

of Chitra from her house. Therefore, she rushed to Chitra's house. She

found that, there were no clothes on the person of Chitra and Appellant

was beating her. She asked him to stop beating but Appellant lifted a stone

and threatened this witness to assault her with the said stone, therefore she

came out of his house. Thereafter again this witness went to the house of

Appellant at about 12.30 pm. Appellant asked this witness to wear clothes

to Chitra. At that time, Babita, Mangal and aunt of Pushpa were with this

witness. After wearing clothes, Appellant took Chitra to the hospital by

rikhshaw. This witness, her husband and relatives of Appellant went to the

hospital where Chitra was admitted. This witness came to know that,

Chitra was dead. There is no cross-examination of this witness, on the

point of beating by Appellant. There is simple suggestion that, at the

instance of police, this witness deposed falsely which she denied.

11. PW-4 Santosh Joshi deposed that, on 9 th April 2007, he was

playing carom. Manisha and Bhavna came to him and stated that, Chitra

was being beaten by Appellant. Therefore, this witness went to the house

S S KADAM 4-apeal-1250-2022.doc

of Appellant. He saw that, there were no clothes on the person of Chitra.

Appellant abused this witness and pushed him out of the house by stating

that, it was his domestic matter. He left the house. After about half an hour,

rickshaw arrived at the house of Appellant. Appellant carried Chitra in the

said rickshaw to the hospital. This witness and his wife accompanied Chitra

and Appellant for carrying Chitra to the hospital at Mumbai. On the way to

the hospital, Chitra died. Nothing elicited in cross-examination of this

witness. Suggestion was given to this witness that, he deposed falsely at the

instance of police, which he denied.

12. PW-5 Bhavna Nalavade is a child witness of 12 years old. She

is the niece of Appellant. Her statement was recorded by police and in

presence of a Magistrate. She has stated that, on 9 th August 2007 at about

10.30 am, she had gone to the house of Appellant for arranging her hair

with the help of Chitra. She saw there was quarrel going on between

Appellant and Chitra, therefore, she came out from their house. Chitra was

sitting on the cot and Appellant had caught her by neck. Chitra pushed

Appellant. Thereafter, this witness went to her school. As she did not

support the prosecution case, learned APP cross-examined her.

12.1. In cross-examination she admitted that, Appellant had

consumed toddy and thereafter he dragged Chitra and beat her. Chitra was

shouting. She further stated that, she had informed about the quarrel

between Appellant and Chitra to mother of Chitra and she stated that, the

quarrel was as usual. This witness admitted that, there was bleeding

S S KADAM 4-apeal-1250-2022.doc

through the mouth of Chitra and Appellant was drove out all persons who

tried to separate Chitra from him.

12.2. In cross-examination by learned counsel for Appellant, this

witness admitted that, she does not know the words used by Appellant

while quarrelling with Chitra and the statement before the magistrate was

given at the instance of her sister Manisha. Manisha and Appellant were

not keeping good terms.

13. From the evidence of these witnesses, it reveals that, they have

seen Appellant beating Chitra. When these witnesses (except PW-5) tried to

intervene, Appellant threatened these witnesses not to interfere in their

quarrel. At that time, there were no clothes on the body of Chitra. It

appears from record that, Appellant was beating Chitra from 9.00 am to

12.30 pm. It has come in evidence of PW-3 Tulsi that, at about 9.00 am.

she had heard shouts of Chitra from her house and again she went to the

house of Appellant at 12.30 pm, at that time Appellant had asked her to

wear clothes to Chitra. For three hours, Appellant was continuously beating

Chitra. The injuries caused to Chitra corroborates this fact. It has come in

the evidence of PW-6 Janardhan Raut, panch witness to spot panchanama.

'Exhibit-21' shows that, bloodstains were there on floor of the house of

Appellant, articles and clothes were lying in the room. Inquest panchanama

at 'Exhibit -22' shows that, the injuries were appearing on whole body of

Chitra. The inquest panchanama is admitted by Appellant when notice

under Section 294 of Cr.P.C. was given by prosecution. This inquest

S S KADAM 4-apeal-1250-2022.doc

panchanama shows that, the teeth in lower jaw of Chitra were broken,

there was bleeding from her nose and mouth. The entire face had injuries

and it had blackened. There were round marks on her stomach. There was

bleeding from her upper vagina and anus. The evidence of Dr. Parag Talele

PW-10 who examined deceased Chitra after she was admitted in the

hospital strengthens the prosecution case that, she was beaten mercilessly

and injuries appeared on her whole body.

14. It is case of prosecution that, Appellant had beaten Chitra with

wooden stump and iron pipe. To prove the discovery of these weapons at

the instance of Appellant, prosecution examined panch witness. It has come

in the evidence of PW- 7 Vijay Nigade that, on 10 th April 2007, he was

called by the police in police station. He went to the police station. Vinod

Joshi, another pancha was present there. Appellant was also present there.

Appellant made disclosure statement to produce the weapon used in the

crime in the presence of these witnesses. According to Appellant, weapon

was kept underneath a wooden cot at his home. The police recorded the

statement of Appellant. PW-7, Appellant and another panch signed on it.

The panchanama it at 'Exhibit-26'. Thereafter, he, another panch, Appellant

and police went to the house of Appellant. Appellant went in his house.

This witness, police and other panch followed him. Appellant took out

wooden stump and one iron pipe and give it to police. Police seized it.

Panchanama was prepared, it was read over to them. PW-7 and other panch

put their signatures on it. It is at 'Exhibit-27'. Then they all returned to

S S KADAM 4-apeal-1250-2022.doc

Police Station. In Police Station , police inspector asked Appellant where

the clothes on the person of deceased Chitra were kept. Appellant stated

that, those were concealed behind one cupboard. The said statement was

written by police, panchanama was prepared, it was read over to them. This

witness, other panch and Appellant put signatures on it. It is at 'Exhibit-28'.

On the basis of another disclosure statement of Appellant, police seized

clothes of deceased Chitra. Panchanama is at 'Exhibit-29'. This witness

identified the wooden stump, iron pipe and clothes. These articles are

"Articles 1 to 4'.

14.1. In cross-examination, PW-7admitted that, he knows Appellant

since childhood as he resides in the same locality. This witness was unable

to tell the exact time when Appellant started making disclosure statement

and when it was completed. This witness further admitted that, there were

slight bloodstains on the wooden stump, it was on the middle portion. A

suggestion was given to this witness that one cannot remain present at the

same time at two places.

15. It has come in the evidence of PW-9 Shailesh Sannas,

Investigating Officer that, on 9th April 2007, investigation of present case

was given to him. He visited the incident spot, collected samples of

bloodstained 'coba'(Flooring) and ordinary 'coba'(Flooring) from the said

spot. In the presence of panch witnesses, he seized articles, prepared spot

panchanama, it is at 'Exhibit-21' and prepared inquest panchanama. He

seized weapons and clothes of deceased as per disclosure statement of

S S KADAM 4-apeal-1250-2022.doc

Appellant. The panchanamas are at 'Exhibits-26, 27, 28 and 29' respectively.

As per Section 169 of Cr.PC., the relatives of Appellant were released.

15.1. In cross-examination, this witness stated that, he reached the

incident spot on 9th April 2007 about 5.45 p.m. to 5.50 p.m., he was there

up to 8.15 p.m.. He admitted on that day he did not investigate regarding

weapon or the clothes or he did not search it. These are seized later on.

This witness denied the suggestion that, no panchanama of seizure of

weapon and clothes of deceased were prepared on the incident spot and he

had obtained signatures of Appellant on blank paper and panchanamas

were prepared in police station. It is the contention of learned counsel for

Appellant that, as per disclosure statement of Appellant, panchanama in

respect of showing place of weapons commenced at about 5.30 to 5.45 pm

and was completed at about 6.30 pm and the timing of panchanama in

respect of disclosure statement of showing place of clothes of deceased and

seizure of clothes of deceased prepared in the house of Appellant are from

5.45 pm to 7.30 pm. It is not possible for a person to remain present at two

places at the same time. Learned counsel further submitted that, eye-

witness saw that, Appellant was beating Chitra with wooden stump and

iron pipe.

15.2. It appears from record that, 'Exhibit-26' is a disclosure

statement of Appellant regarding showing place where he had hidden the

weapons used for beating Chitra. The timing of this Panchanama (Exhibit-

26) shows time 4.15 p.m. to 4.30 p.m.. The timing of memorandum

S S KADAM 4-apeal-1250-2022.doc

panchanama (Exhibit-27) in respect of seizure of weapon shows 4.15 pm.

to 6.00 pm. The panchanama of disclosure statement of Appellant at

'Exhibit-28' in respect of showing the place of clothes of deceased shows

timing from 5.45 pm to 6.00 p.m. The timing of memorandum

panchanama(Exhibit-29) is in respect of seizure of clothes of deceased. The

timing of this panchanama shows 5.45 to 7.30 p.m.

15.3. In our view though the timing mentioned in these

panchanamas overlaps but it cannot wipe out prosecution case in respect of

seizure of weapons and seizure of clothes of deceased at the instance of

Appellant as these are produced by Appellant from his house. Appellant

was aware that, the place where these articles were hidden. Moreover, it

has been proved that injuries caused to deceased were because of forceful

blows of hard and blunt object. Blood stains were present on wooden

stump and iron pipe. There were round sized injury marks appearing on

stomach of Chitra. It proves that these injuries were caused by iron pipe.

The blood stains on clothes of deceased show same blood group i.e. 'B'

which were present on seized weapons. The forensic lab report is at

'Exhibit-47' which shows, human blood of 'B' group was found on seized

weapons and clothes of deceased which strengthens prosecution case.

16. PW-7 has categorically stated about disclosure statement of

Appellant and seizure of weapons used in crime and clothes at the instance

of Appellant. From these panchanamas, it does not appear that, the

signatures of Appellant were taken on blank paper. Hence, we do not see

S S KADAM 4-apeal-1250-2022.doc

merit in the contention that, those were prepared at police station and

seized weapons were not used by Appellant.

17. It is the defense of Appellant that, he has been falsely

implicated in this case. To prove his defense, Appellant has examined DW-1

Ms.Husna Ansari at 'Exhibit-45'. She has stated that, she was not keeping

any relation with Appellant. Nothing has come on record from her

evidence, to prove innocence of Appellant.

18. In view of above discussion, we find that, there are no merits in

the Appeal. Appeal is accordingly dismissed.

       (SHIVKUMAR DIGE, J.)                                (A.S. GADKARI, J.)