VASANT LAXMAN MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who has many aliases, was charged before the learned Additional Sessions Judge, Greater Bombay, with offences under Sections 302 and 209 of the Penal Code for committing the murder of one Indira Joshi and then taking a poisonous insecticide in a bid to commit suicide. The trial Court convicted the appellant of both the offences and sentenced him to death for the offence of murder. The High Court having confirmed that Judgment, the appellant has filed this appeal by special leave of this Court.

(2.) The circumstantial evidence in support of the charges for which the appellant has been convicted is of the clearest kind. The deceased Indira, a young widow developed friendship with the appellant after the death of her husband. They lived together for a few months and later the appellant shifted to another room for securing which the deceased pledged her ornaments with a moneylender. Separate residence meant separate interests and the appellant feared that he was being jilted. He resented that the deceased should go to cinema houses in the company of others in preference to him.

(3.) At about 11 a.m. on May 3, 1971 the deceased went to the appellant's room in the company of her 10 years old son, Shashikant, who had some difficulty in getting admission to one of the better known schools in Bombay. The appellant was taking his bath and he was apparently so saturated with his grievances against the deceased that when she asked him if he could help secure admission for the boy in the particular school, he hurled a bathroom pot at her. The deceased then asked the appellant to return her moneys. He finished his bath had a change of clothes and asked her as to why she liked to go to picture houses with others. The deceased challenged his right to complain, when he slapped her in the face. He then sent away Shashikant to a tailor on some pretended errand. The boy returned within a short time and on pushing the door of the room he saw that his mother was lying dead in a pool of blood with a gaping wound on her neck.