SURESH SURYA SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) When Special leave was granted in this appeal, the Court had limited it to the question of sentence to be imposed upon the appellant.

(2.) There were two accused in the case. The appellant was the first accused. The charge against them was that they murdered Manibai Laxman Kharva and thus committed an offence under Section 302 read with Section 34 of the Indian Penal Code. In the alternative the appellant alone was charged under Sec. 302 for committing the murder of Manibai.

(3.) The prosecution case was as follows:In Haji Kassam Chawl there were residential quarters. The deceased Manibai, one Luiza and the appellant were resident in the quarters. The deceased and Luiza were carrying on trade in illicit liquor The appellant used to supply them with illicit liquor. About a month before the incident, i.e., on 14-7-1972, a woman customer came to the room to take drink. The appellant and the second accused happened to be there at that time and the appellant misbehaved towards that customer. This was resented by Luiza. Then the deceased Manibai came there. She also joined Luiza in rebuking the appellant for his misbehaviour towards the woman customer. Abusive words were exchanged between Luisa and Manibai on the one hand and appellant and the second accused on the other. Thereafter Manibai and Luiza filed a complaint before the police about the misbehaviour of the appellant. This enraged the appellant. On August 12, 1972, at noon, Manibai was resting on a cot in her room. The appellant came and inflicted stab wound on her with a knife. Although she attempted to run away, the appellant followed her and inflicted further stab wounds. As a result of these stabs she died.