YUVARAJ AMBAR MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Jubedabhai, deceased although a lady was of unique character. She although passed medical course from Burhanpur and initially started medical practice, she was earning her livelihood by driving an autorickshaw. The first informant, Yusuf Sardar Pinjari (PW-1) was her foster brother. Ashraf Yusuf Pinjari who examined himself as PW-3 was son of PW-1. He at the relevant time was a minor. Jubedabhai Abdul Rajjak Shaikh who examined herself as PW-4 was the younger sister of the deceased. Appellant herein was an employee of the State Reserves Police. He was an accused of commission of an offence under Section 326 of the Indian Penal Code for causing hurt to another autorickshaw driver Machindra Baburao Thombare (PW-2). The deceased was called upon to mediate in the said dispute. PW-2 with a view to settle the dispute between himself and Appellant herein met each other in the morning of 3.9.1988. Appellant thereafter came to the residence of the deceased. He was of black complexion and was sporting beard. The deceased at about 10.30 - 11.00 a.m. was standing in the balcony of her house. She invited PW-1 for meals as the food was being cooked. He went inside the room and found Appellant present there. They were consuming liquor. PW-3 was asked to bring more liquor. While the deceased, Appellant and PW-1 were in the room, PW-4 Jubedabhai Abdul Rajak Shaikh (sister of the deceased) came. She requested for some money for seeing a movie. The deceased gave her Rs. 5/- for the said purpose.

(2.) PW-1 finished his lunch early and returned home to have a nap. He overheard the deceased and Appellant conversing in relation to settling of a matter by way of compromise. The deceased gave PW-3 Ashraf a sum of Rs. 11/- for purchasing mutton for the dog. He enquired about the identity of Appellant to which the deceased named him. He recollected that he had seen him teaching Judo Karate in School No. 9. He brought three bottles of beer, payments whereof was made by Appellant. When he was delivering the third bottle of bear, he saw the deceased adjusting the channel of the TV and Appellant had been standing near her and had put his hand round her neck. They mixed drinks. PW-3 further saw Appellant recoiling on the body of the deceased. He thereafter went to his uncles place for watching a serial in T.V. He came back at about 4.00 p.m. The door was locked. He was not allowed entry in the room. PW-4 after witnessing the movie also came back in the meanwhile. Appellant allegedly opened the door partially and peeped through the top of it and informed her that the deceased was sleeping.

(3.) Appellant was charged for commission of an offence under Section 302 of the Indian Penal Code. He pleaded not guilty thereto. The prosecution in support of its case examined ten witnesses. PW-2 was the complainant in the case against Appellant wherein the deceased was mediating. PW-5 is the first informant who had examined the deceased and declared her dead. Dr. Prakash Patil (PW-9) who conducted the autopsy opined that the death was homicidal in nature. The doctor opined that the death was caused due to extensive head injuries with associated evidence of throttling. He found the following injuries on the person of the deceased: