BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment dated 17.11.2009 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 500 of 2007 confirming the judgment of conviction and sentence dated 30.11.2007 passed by the Ad hoc Additional Sessions Judge-3, Latur in Sessions Case No. 10 of 2007 is called in question in this appeal by the convicted accused.

(2.) The brief facts leading to this appeal are that, at about 1:30 p.m. on 28.08.2006, the police officer, Sikander Pakhali (PW12) received information that a woman had been stabbed. Upon reaching the house of Shamalbai Lohare, PW2 (landlady of the house of the deceased), he noticed that the deceased Lata was lying in a pool of blood and she was shifted to the hospital at about 1:45 to 2:00 p.m. PW12 was informed by Dr. Dhele (PW11) that the deceased was in a fit condition to give the statement and PW12 recorded the same. The deceased in her statement stated that the appellant/accused (brother of the deceased) was annoyed with her as she was having an illicit relationship with Mahendra Dhaware (PW4) after the death of her husband and thus, stabbed her in her abdomen, chest, face, right arm, etc. At the same time, i.e. at about 1:45 to 2:00 p.m., the appellant/accused voluntarily arrived at the police station in bloodstained clothes carrying bloodstained knife and disclosed his name as Balaji and the crime committed by him to Changdeo, PW6, the officer of the police station. Lata succumbed to injuries at about 2:45 p.m.

(3.) The appellant/accused was tried for offence under Section 302 of the Indian Penal Code (for short, "the IPC"). As mentioned supra, the Trial Court convicted the accused for the said offence and sentenced him to life imprisonment. The judgment of the Trial Court is confirmed by the High Court. We have heard Mr. A. Sirajudeen, learned senior counsel appearing on behalf of the appellant/accused and Mr. Nishant Ramakantrao Katneshwarkar, learned counsel appearing on behalf of the respondent-State, who have taken us through the entire material on record and effectively assisted the Court.