Vinod Narbahdur Bhandari vs The State Of Maharashtra
2023 Latest Caselaw 13 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         CRIMINAL APPELLATE JURISDICTION

                        CRIMINAL APPEAL NO. 840 OF 2022
                                     WITH
                      INTERIM APPLICATION NO. 2817 OF 2022

Vinod Narbahdur Bhandari
Age : 36 years, Occu : Service,
R/at : Matalwadi, Tarai Guest House,
GorheBk., Taluka Haveli, District Pune.
Native Place at : Dhankata, Gitgaon,
Gabich Achal, Kosi, Ward No.5, Nepal.
(At present Nashik Central Prison, Nashik)            ... Appellant/Applicant

               V/s.

The State of Maharashtra,
(Haveli Police Station, Pune,
C.R. No.637 of 2012)                                  ... Respondents


Mr. M. S. Ansari Advocate appointed by Legal Aid Committee for Appellant.
Mrs. M. H. Mhatre APP, for Respondent-State.


                                            CORAM : A. S. GADKARI AND
                                                    PRAKASH D. NAIK, JJ.

                                       RESERVED ON : 19th DECEMBER 2022.
                                     PRONOUNCED ON : 2nd JANUARY 2023.


JUDGMENT (PER : A.S. GADKARI, J.)

1. Appellant has impugned Judgment and Order dated 27 th

November, 2019 passed in Sessions Case No. 326 of 2013 by learned

Additional Sessions Judge, Pune, convicting him under Section 302 of the

Indian Penal Code (for short "the IPC" ) and sentenced to undergo

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imprisonment for life and to pay fine of Rs.2,000/-, in default of payment of

fine to further suffer rigorous imprisonment for three months.

2. Heard Mr. Ansari, learned Advocate appointed to represent

Appellant and Mrs. Mhatre, learned APP for State. Perused entire record.

3. The date and time of incident was 9th October, 2012 between

1.00 a.m. to 1.30 a.m.. The name of deceased is Smt. Talashi, the wife of

Appellant.

3.1. Record reveals that, Balasaheb N. Jawalkar (PW-1) prior to one

month of the date of incident had started one farm house in the name and

style as Tarai Guest House near Panshet road. He had employed Appellant as

a cook and Madan N. Yogi @ Kancha (PW-4), who is original resident of

Nepal, as a waiter at his guest house. Appellant was addicted to liquor, he

used to take suspicion on the character of his wife Smt. Talashi and on that

count there were frequent quarrels between them.

3.2. That, on 8th October, 2022 at about 10.00 a.m. Prakash Puri and

Hemant Limbu had been to the house of Lokpal P. Gosavi @ Giri (PW-3).

Prakash Puri and Hemant Limbu were related to each other as uncle and

nephew. Prakash Puri, Hemant Limbu and Appellant consumed liquor.

Appellant picked up quarrel with his wife at about 8.00 p.m.. Lokpal P. Gosavi

@ Giri (PW-3) came at Tarai Guest House and went away with Prakash Puri

and Hemant Limbu. Balasaheb N. Jawalkar (PW-1) also came at the guest

house, took a round, inspected the guest house and went away. Thereafter

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also there was quarrel between Appellant and his wife. Appellant was

hurling abuses in filthy language to his wife.

3.3. At about 1.00 a.m. of 9th October, 2012, Smt. Talashi i.e. wife of

Appellant shouted loudly as "Kancha bachao Kancha bachao". Madan N. Yogi

(PW-4) rushed at the scene of offence and noticed that, the Appellant was

beating his wife severely. Madan N. Yogi (PW-4) got frightened and went to

Lokpal Giri (PW-3). He narrated the said incident to him. Lokpal Giri

informed the said incident to Balasaheb N. Jawalkar (PW-1) on phone.

Balasaheb N. Jawalkar (PW-1) rushed to Tarai Guest House. The door of the

room of Appellant was opened. Balasaheb N. Jawalkar (PW-1), Lokpal Giri

(PW-3) and Madan N. Yogi @ Kancha (PW-4) saw that, wife of Appellant was

lying on the floor in the pool of blood. Appellant tried to run away from the

scene of offence however said three witnesses caught him. Information was

given to the Police.

3.4. Police immediately came at the scene of offence. Bajrang S.

Kapse (PW-6) was then attached to Haveli Police Station, Pune as Police Sub

Inspector (PSI). Balasaheb N. Jawalkar (PW-1) went to Police Station and

lodged his report. The same was scribed by PW-6. It is at Exh-14. Bajrang S.

Kapse (PW-6) thereafter filled up the printed First Information Report

(Exh-15). The said FIR was signed by PW-1. On the basis of statement of

Balasaheb N. Jawalkar (PW-1) C.R. No. 637 of 2012 dated 9 th October, 2012

was registered with Haveli Police Station, Pune.

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3.5. PW-6 thereafter conducted inquest panchanama (Exh-39). The

said panchanama has been admitted by the defence. He thereafter went to

the spot of incident. He noticed a bunch of hair on the carpet at scene of

offene. He also collected samples of blood which was splashed on the wall,

broken pieces of bangles and mangalsutra, one white coloured full sleeves

shirt stained with blood, one blue coloured jean pant stained with blood, one

blue coloured jeans bermuda pant stained with blood, one orange coloured

odhani/dupatta stained with blood and other articles found at the scene of

offence. He accordingly drew spot panchanama (Exh-17). He arrested

Appellant.

3.6. Dr. Amol B. Shinde (PW-5) conducted autopsy on the dead body

of Smt. Talashi V. Bhandari on 9 th October, 2012 between 11.00 a.m. to 12.00

noon. He found following external injuries :-

(i) Lacerated wound present over forehead in middle, vertical of

size 3 X 1.5 cm. margins irregular, contused, reddish.

(ii) Lacerated wound present over right eyebrow horizontal of size

5 X 1 cm. margins irregular, contused, reddish.

(iii) Multiple Abrasion present over right malar region of sizes

varying from 0.5 X 0.5 cm. to 0.5 X 0.25 cm. irregular, reddish.

(iv) Multiple Abrasion present over left malar region of sizes

varying from 0.5 X 0.5 cm. to 0.5 X 0.25 cm. irregular, reddish.

          (v)       Lacerated wound present over forehead on left side 2 cm. left





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to midline, 1.5 cm. above left eyebrow of size 2 X 0.5 cm.

margins irregular, contused, reddish.

(vi) Abrasion present 1 cm. above injury No.5 of size 1 X 1

irregular, reddish.

(vii) Abrasion present left elbow of size 1 X 1 irregular, reddish.

(viii) Abrasion present 1.5 cm. below injury No.7 of size 1 X 0.5

irregular, reddish.

(ix) Contusion present over left arm in middle third, anterolateraly

of size 4 X 2 cm. irregular, bluish.

(x) Contusion present over left shoulder superolateraly of size 2 X

1 cm. irregular, bluish.

(xi) Contusion present over right breast interior and medial

quadrant of size 3 X 2 cm. irregular, bluish.

(xii) Contusion over medial canthus of right eye 1 X 1 cm. irregular,

bluish.

(xiii) Contusion over medial canthus of left eye 1 X 5 cm. irregular,

bluish.

(xiv) Contusion over right eyebrow laterally 1 X 05 cm. irregular,

bluish.

All the above injuries are anti-mortem and fresh.

After examination he found following internal injuries :-

Brain :- Dura - intact, congested.

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Subdural hematoma present all over brain.

Subarachanoid haemmorhage present all over brain.

Brain oedematous, congested.

3.7. After completion of post morterm on the dead body of Smt.

Talashi, PW-5 gave his opinion as to the probable cause of death was due to

'head injury (homicidal assault)'. This witness has proved post morterm

notes (Exh-35). He opined that, the aforestated injuries were possible by

inflicting blow by hard and blunt object. It can be caused by banging the

head on wall. He has deposed that, the injuries mentioned hereinabove were

sufficient to cause death in ordinary course of nature.

3.8. The Chemical Analyzer's report (Exh-42 colly.) reveals that, the

blood group of deceased i.e. Smt. Talashi was 'AB'. The blood group of

Appellant could not be ascertained as the sample was hemolyzed and hence

unsuitable for grouping. That, the blood which was found on the cloths of

Appellant namely full pant, bermuda and baniyan i.e. Exhibit Nos.12, 13 and

15 respectively was of human origin and of 'AB' group. It is thus proved by

the prosecution that, blood of deceased was found on the cloths of Appellant.

4. The aforestated facts narrated in para No.3 above are culled out

from the evidence of the said witnesses. In their elaborate cross-examination

by the defence/Appellant except a minor contradiction with respect to the

timing of incident stated by PW-3 and 4, nothing beneficial to the Appellant

has been brought on record. However the said contradiction does not create

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doubt about the truthfulness of the testimonies of the said two witnesses.

Perusal of spot panchanama (Exh-17) alongwith the testimony of

Dr. Amol B. Shinde (PW-5) would clearly indicate that, Appellant banged

head of the deceased multiple times on the wall and/or on the floor of the

said room, due to it a bunch of her hair from the skull got segregated and fell

on the carpet in the said room i.e. the spot of incident. PW-4 had heard

shouts of deceased calling him as 'Kancha bachao Kancha bachao ' from the

said room and thereafter immediately he called PW-3 for his help. PW-1, 3

and 4 had seen the Appellant coming out of his room while his wife was lying

on the floor in the pool of blood. The said witnesses caught Appellant when

he tried to run away from the scene of offence. Appellant has not offered any

explanation to rebut the presumption under Section 106 of the Evidence Act.

5. The aforestated circumstances would clearly lead to draw an

irresistible conclusion that, Appellant is sole perpetrator of the present crime

and has committed murder of his wife namely Smt. Talashi on the date and

time of incident.

6. After minutely perusing the entire evidence on record and

impugned Judgment and Order, we are of the considered view that, the Trial

Court has not committed any error while convicting and sentencing

Appellant.

Appeal is accordingly dismissed.

CAJ Apeal-840-2022-Judgment.odt

10. In view of disposal of the Appeal, Interim Application No. 2817

of 2022 does not survive and is also disposed off.

      [ PRAKASH D. NAIK, J. ]                        [ A.S. GADKARI, J. ]