MARSHAL SURESH RAWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9/3/2005 passed in the Sessions Case No. 88 of 2004 by the learned 3rd Ad hoc Additional Sessions Judge, Thane, whereby the appellant was found guilty of the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs. 500/-, in default, to undergo rigorous imprisonment (R.I.) of one month. The appellant was also convicted for offence punishable under section 380 of the Indian Penal Code and sentenced to suffer R.I. for 5 years and fine in the sum of Rs. 500/- in default to suffer imprisonment for one month.

(2.) Case of the prosecution, in brief, is that : Deceased Suvarna resided with her husband Mangesh Manohar Kadam at flat No 303, Building No. B-2, 'Shivsrushti', situated at Kharegaon, Kalva, District Thane. The appellant is her sister's husband. He had promised service in the Indian Bank for his sister-in-law, namely, Suvarna Mangesh Kadam (maiden name Suvarna Savant) in Indian Bank and informed her to join service at Indian Bank, Dadar branch with effect from 24/11/2003 and on that pretext to arrange employment for her he had collected total sums of Rs 80,000/ - from her husband Mangesh from time to time. He got a bogus call letter, purportedly issued from the Indian Bank, Dadar, prepared by himself by means of his personal computer and sent it to her through private courier. Apprehending that this fraud and deception would be surely exposed and would come to light when Suvarna would visit the Indian Bank at Dadar branch on 24 /11 / 2003 to join the employment mentioned as the date of her joining pursuant to that bogus call letter, he planned to do away with Suvarna herself and went to her flat, in the absence of her husband while her husband was away on duty at Nhava-Sheva Port, entered inside her flat when Suvarna was alone and committed her brutal murder by stabbing forcibly and repeatedly in her stomach and causing multiple wounds upon her body. The murder was committed inside her flat. There was no eye witness to the incident of murder. But the shouts raised at the time of incident alerted neighbour Jayshree who rang the door bell, but having found that nobody was responding, she had rushed to inform parents of Mangcsh, who were residing nearby in the same locality. Mother-in-law of Suvarna had rushed towards Suvarna's residence. When Malati (mother-in-law of Suvarna) reached the flat, she found that the door was little moved and then she came across the appellant (Harshal) who came out of the flat of Suvarna at that time and uttered 'nothing has happened' and went away in highly suspicious manner carrying something in his hand. Malati, upon entering inside the flat, was stunned to find her daughter-in-law lying dead on the floor in the pool of blood with multiple injuries on her body.

(3.) The complaint about the incident was lodged soon on the same day at Kalva Police Station, District Thane under section 302 of IPC against the accused Harshal Rawate. Investigation followed soon. Thereafter, the appellant who absconded from the scene could be arrested on 25/11/2003. Upon completion of investigation, the charge-sheet was filed on 9/1 /2004 in the Court of the 1st Judicial Magistrate F.C. Thane, The case was committed to the Court of Sessions at Thane on 12/3/2004.