RAVINDRA TRIMBAK CHOUTHMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) To hang or not to hang, is the basic question to be decided in this appeal. The murder of Vijaya was undoubtedly most foul. Even so, death sentence can be awarded if murder be of the "rarest of the rare" type. Let it be seen whether this was so.

(2.) The facts taken as established by the High Court, to whom reference was made after the trial Court had awarded the death sentence and appeals were preferred, are that Vijaya got officially married to the appellant on 24-4-1990. This was against the wishes of his father Trimbak, who had wanted to get his son married to some other girl and had hoped for good dowry from that marriage. Vijaya could live only for a couple of days with her husband before she returned back to her parents' house, because she felt that she was being persecuted by Priyatama, sister of the appellant. On return to her parents' house, she told her father Ashruba about the demand of dowry made by Trimbak and the appellant. The demand was of Rs. 25,000/-. Ashruba, however, being an employee with meagre salary, could agree to pay only Rs. 5,000/-. The further accepted case is that on or about 2-12-1990, the appellant took Vijaya to Bombay. On 14-12-1990, Trimbak and his wife Mudrikabai came to Bombay. All of them were seen together at about 9-15 p.m. Thereafter nobody saw Vijaya alive.

(3.) Vijaya had been taken to Bombay with a promise that she would be sent back on 3-1-1991 for delivery at her parents' house, as she was carrying a child of about 8 months then. As she did not come even 8-10 days after 3rd January, Ashruba got worried as to what had happened to his dughter. He sent his two sons to Bombay who, along with two of their friends, reached there on 15th January. On inquiry being made from the appellant about Vijaya, they were told that she was in good health. On desiring to meet her, the appellant, who was then a lecturer in Sardar Patel Engineering College at Andheri, said that he would take them to the house at about 4 p.m. when she could be met. The four persons then left for Juhu Beach and when they came back to College around 4 p.m., they came to know that the appellant had already left without leaving any message. After making inquiries about the residential address they reached the place to be informed that the appellant and his father had left with bags and baggage. About Vijaya, neighbours told that she had been sent to her parents' house for delivery. This shocked the boys and they apprehended some foul play. Coming back to Aurangabad (the town where the parents lived) they narrated to Ashruba what had happened (sic.) at Bombay. Further inquiries were made at Bombay to be given out the same story.