LEENA BALKRISHNA NAIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was tried by the Court of Sessions for Greater Bombay in Sessions Case No.971 of 2000 for offence punishable under Section 302 of the Indian Penal Code (for short, "the IPC"). By impugned judgment and order dated 5/7/2002, the appellant was convicted for offence punishable under Section 302 and sentenced to suffer imprisonment for life and to pay a fine of Rs.300/-, in default, to suffer rigorous imprisonment for one month. Being aggrieved by the said judgment and order, the appellant has preferred the present appeal.

(2.) It is necessary to give the gist of the facts. The appellant was residing at Room No.172, Plot No.5, Nagababa Nagar, Vashinaka, Chembur along with her aunt DW-1 Ramani Subhash Gaikwad, deceased Aparna and PW-1 Radhakrishnan Balkrishnan, who is the brother of the appellant. According to PW-1 Radhakrishnan, on 29/3/2002, while he was in the grocery shop of Bhimrao Kamble at about 7.00 p.m., his neighbour Sunita Chavan came to the shop and informed him that she heard a sound of throwing of stone from his room. He went to his room and knocked the door for 2-3 times. Since nobody gave any response, he pushed open the door of the room. He noticed the deceased, the daughter of his aunt DW-1 Ramani, lying in a pool of blood inside the room. He noticed that the appellant was sitting on the cot. Nobody else was present there.

(3.) PW-8 PSI Chandrakant Patil, the Investigating Officer, who was attached to RCF Police Station, has stated in his evidence that he received telephone message at about 5.45 p.m. that one minor girl was murdered at Nagababa Nagar, Vashinaka, Chembur. On receipt of this information, he, PW-9 PI Vijay Meru and his staff reached the scene of offence. He found the dead body of minor girl lying in Room No.172. Statement of PW-1 Radhakrishnan came to be recorded. It was treated as FIR (Ex-8). On the basis of the said FIR, investigation was started. PW-7 ASI Vithoba Jadhav, who had received a wireless message on 20/3/2000 at about 5.30 p.m. reached the scene of offence. He took over the custody of the appellant, who was present there. After completion of investigation, the appellant came to be charged as aforesaid.