MAHESH JANARDHAN GONNADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has filed this appeal un der S.379 of the Code of Criminal Procedure, 1973 (for short Cr. P.C.) read with S. 2(A) of the Supreme Court (Enlargement of Criminal Appeal Jurisdiction) Act, 1970 read with O. 21, Rules XII to XXIX of the Supreme Court Rules, 1966, against the judgment and order dated 9-3-2007 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur. By the judgment under challenge, the High Court has partly set aside the judgment dated 25-1-1990 of the learned Additional Sessions Judge, Bhandara, passed in Sessions Trial No. 44/88 convicting the appellant under S. 302 of the Indian Penal Code (for short IPC) and sentencing him to imprisonment for life and to pay fine of Rs. 1,000/- with default clause to suffer further six months R.I. The appellant, however, has been acquitted for the offences punishable under Ss. 307 and 324 of the IPC and Ss. 25 and 27 of the Arms Act.

(2.) Brief facts, which led to the trial of the accused, are as follows :- The appellant-Mahesh and one Sunita were residents of Bastarwari Ward, Paoni, Tehsil Paoni, District Bhandara. It was alleged that they developed love affair with each other when they were studying in the school. The prosecution case was that the marriage of Sunita was arranged with Sanjay, a resident of Nagpur. Before the mar riage of Sunita could take place with Sanjay, the appellant had gone to the house of Sanjay and disclosed the fact of his past love affair with Sunita. He also threatened Sanjay to face with dire consequences if he would marry with Sunita. Sanjay in the presence of his brother Manik (P.W. 7) told the appellant that as the "Sakshagandha" ceremony had already taken place, he was left with no other option except to marry with Sunita. It was on 12-2-1988 when the marriage between Sunita and Sanjay took place at Nagpur. On 27-3-1988, Sanjay and his wife Sunita both had gone to the house of Nirmalabai for inviting the latter to attend the marriage of the niece of Sanjay scheduled to take place at Nagpur. They had stayed for a night at the house of Nirmalabai. On the next day, i.e. 28-3-1988, Nirmalabai, Sanjay (P.W. 8, his wife Sunita, Archana (P.W. 4) niece of Sunita and Rupesh (P.W. 16, son of the maternal uncle of Sunita, had gone towards the bridge side of Wainganga River for evening walk. It was alleged that around 5.00 or 5.30 in the evening, the appellant along with his friend Rajesh (P.W. 5) was seen by the abovesaid persons going on a motorcycle to Wainganga River bridge side. The appellant on seeing Sanjay, his wife Sunita, Nirmalabai, P.Ws. Archana and Rupesh at the site of the river, allegedly uttered "Sali Sunita Yevdha Prem Asun Aaj Ekda Sudha Mazyakade Pahile Nahi" to P.W. Rajesh. The prosecution alleged that on the same day, the appellant had kept a gun and one bag at the house of Laxmibai (P.W. 2) in the presence of Bilkish Begum (P.W. 3, a neighbour of P.W. 2 on the pretext that he would collect these articles in the evening for hunting purpose. The appellant and P.W. Rajesh returned to their respective houses in the evening. After some time, the appellant armed with a gun and knife came back to the place of incident and fire shot in the back of Sanjay, who, as a result of bleeding injury, utter Are Bapre and then laid on the road side. Sunita and Nirmalabai both tried to extend help to injured Sanjay, but the appellant came near them, pulled Sunitas hair and stabbed her on vital parts of head, neck and back. Sunita collapsed on receipt of severe injuries. Nirmalabai tried to save her daughter Sunita, but the appellant struck knife blows to Nirmalabai also. The appellant, on seeing the gathering of people at the scene of occurrence, ran away leaving all the three injured persons on the spot.

(3.) Prakash (P.W. 1, a private medical practitioner, who lived nearby the place of occurrence, on hearing shouting of the people, went to the spot. He spotted Sunita lying with bleeding injuries on the road side. He also spotted Nirmalabai and one man lying in injured condition at a little distance away from Sunita. P.W. Prakash lifted Sanjay, Sunita and Nirmalabai into a rickshaw and took them to the Govern ment Hospital, Paoni, where they were admitted by Dr. Laxman (P.W. 10, Medical Officer. Sunita could not survive and succumbed to the injuries in the evening around 7.15 p.m. Dr. Laxman sent a memo to the Police Station, Paoni, regarding admission of the injured persons. P.W. Sanjay and Nirmalabai were transferred to Medical College, Nagpur, at about 7.45 p.m. for proper medical treatment.