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11. As offence under Section 302, 397 and 201 of I.P.C. are exclusively triable by Court of Session, learned Judicial Magistrate, First Class, committed the case to the Court of Sessions under section 209 of Cr.P.C.

12. It is further case of the prosecution that, during trial, one 1.2013conf.case of the accused namely Gulab (P.W.1) sent a letter from Jail on 21/06/2012 (Ex. 52) mentioning therein that, he was repenting of his sinful act and desirous to disclose entire incident. He requested Investigating Officer to produce him in the Court. He was accordingly produced before the Court on 05/07/2012. The Court has granted pardon to accused Gulab Bhagwani on condition of his making a full and true disclosure of whole of circumstances within his knowledge relating to offence and every other person concerned, whether as Principal or abettor in commission thereof.

20. Approver-Gulab (P.W.1) was original accused no.3, who was arrested on 16 th March, 2012 and he was lodged in District Prison, Jalgaon. As per the prosecution case, on 21 st June, 2012, the Approver wrote a letter to the Superintendent, Jalgaon District Prison stating therein that, he is an accused in an offence registered for commission of murder of Dr. Vijaya Chaudhari. He has full repentance about commission of offence, and he is ready to tell entire truth, if produced before the Court. The said letter written by the Approver-Gulab is at Exhibit - 152. It appears that, he was produced before the Court. It further appears that, the concerned Investigating Officer filed application before the Sessions Court, Jalgaon 1.2013conf.case accompanied with the copy of the letter (Exhibit - 152) written by Gulab. The trial Court considered the application of the prosecution and directed production of Gulab before the court on 5th July, 2012.

According to him on 12.03.2012 on and about 5 p.m. he received call for carrying one patient to Mumbai and accordingly, he picked up the patient from Ramanand Nagar, and drove his ambulance towards Mumbai who got admitted in Cama Hospital, Mumbai. The relatives of that patient requested him to stay at Mumbai for 2-3 days. On the next day, he went to Ratnagiri. He return back to Jalgaon in the evening of 16.03.2012. The moment he reached Jalgaon, he was arrested by Police. According to his version, though he had repentance of act committed by him from the date of commission of offence, he did not disclose his intention to tell true and correct facts and circumstances before the Court, till 05.07.2012. Upon careful consideration of Exhibit - 152 i.e. letter dated 21 st June, 2012, there is visible overwriting appears to be made in said letter. So far date is concerned, it appears that, the original date 21 st in (Marathi), is changed and by overwriting it is made as 29th (in English). It further appears that, the said letter is shown to be received by the 1.2013conf.case Superintendent, Jalgaon District Prison in his office on 29 th June, 2012. As per prosecution case, on the basis of the said letter, the application was filed on behalf of prosecution by the Investigating Officer under Section 307 of the Criminal Procedure Code. The contents of the said application being relevant and same are reproduced hereunder :-

However, he mean to say that, two bangles in each hand.

48. In view of the order below Exhibit - 145, this witness was recalled for cross examination by the Advocate for the accused no.1. He stated that, he has studied in Sindhi school. His mother tongue is Hindi. On 12.03.2012, he carried patient to Mumbai. He reached Ratnagiri on 14.03.2012 in the morning. After dropping patient at Ratnagiri, he returned back to Jalgaon on 15.03.2012 in the evening. He denied the suggestion that, he went to Vaikunthdham at 1.2013conf.case Neri Naka, Jalgaon on 14.03.2012 at about 8 p.m. He further stated that, he was arrested, produced before the Court of Judicial Magistrate, First Class on the next day. He deposed further that, he was wearing the same dress when he went to Mumbai and returned back to Jalgaon via Ratnagiri. When he was produced before the Court, the same clothes having blood stains were on his person. His clothes were seized at the same time. He specifically stated that, it did not happen that, he came to Jalgaon on 16.3.2012 in the morning and he was arrested on 16.03.2012 in the evening. While replying the questions i.e. did it happen that on 16.03.2012, you were arrested?, he stated that, he was arrested but he is not sure about the date. He received phone call on 12th March, 2012 at about 4.30 p.m. Again it is deposed that, it might be between 4.00 to 4.30 p.m. He reached to the hospital within five minutes of receiving phone call. Civil Hospital is at a distance of half kilometer from his house. He took his vehicle in the hospital at about 4.00 to 4.30 p.m. He stated that, he does not recollect the exact timing. He further stated that, Dr. Vijaya Chaudhari came to the hospital within five minutes, when he reached there. It did not happen that, he saw Dr. Vijaya Chaudhari going out of the hospital at about 4.00 to 4.15 p.m. It did not happen that Pawan, Sachin and Ashok came to Postmortem room at about 4.00 p.m. He specifically stated that, from the next date of incident he was feeling 1.2013conf.case repentance. He did not personally requested the Magistrate at the time of his production about his feeling of repentance. He disclosed before Jailer about his health and feeling of repentance. He issued a letter on 21.06.2012. Other suggestions given by defence are denied by him.