KASHINATH KRISHNA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Kashinath (22) was tried in the Court of learned Additional Sessions Judge Bombay under Section 302 Indian Penal Code for causing the death of Anusuya (20) and was acquitted. On appeal filed by the State of Maharashtra, the Bombay High Court reversed the judgment of the trial Court, convicted the accused under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. Kashinath thereupon filed this appeal through jail by special leave.

(2.) The case of the prosecution is that the accused and Bapu (PW 10) were friends and used to take their meals as boarders with Hansabai, mother of Anusuya deceased, in Dhanji Street, Bombay. During their visits to the place of Hansabai, the accused and Bapu came in contact with her daughter Anusuya. Anusuya, who was already married, then started a love affair with Bapu. About three months before the present occurrence, Bapu ran away with Anusuya to Billimoria. The husband of Anusuya died soon thereafter. Bapu then brought back Anusuya to Hansabai's place. Shortly thereafter Bapu and Anusuya were married. They then started living in a room in Ulpi Uraj Chawl at Vakola, Santa Cruz, Bombay. The said room was taken on rent for them by the accused. He also used to visit Bapu and Anusuya there on Sunday and Saturday. A few days before the present occurrence, the accused took Anusuya along with him for pilgrimage to Kolhapur and other places.

(3.) At a short distance from Ulpi Uraj Chawl wherein Anusuya deceased used to live with Bapu, is another Chawl named Dattu Seth Chawl, Radhabai (PW 2) used to live in a room in that Chawl with her husband's brother's wife and sister. PW 7 Ganpat (24), who is a cousin of Radhabai, also stayed with Radhabai,Ganpat was employed in a small factory of wooden boxes. The said factory was located in a room in Ulpi Uraj Chawl. There were three rooms in that Chawl, one of which was occupied by Anusuya and Bapu. The adjoining room was occupied by Mrs. Mary Fernandez (PW 3) and her other family members, while the above mentioned factory was worked in the third room. Ganpat, who earlier had been taking his meals with Radhabai, started taking meals with Anusuya about eight days before the present occurrence. The accused, it appears, did not feel happy over that.