JITENDRA MOTILAL NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard the extensive submissions of the learned advocate on behalf of the appellant and the learned APP on behalf of the State. With their assistance, we have gone through the record and proceedings, threadbare and we have perused the impugned Judgment dated 24.05.2016 delivered by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 267 of 2014, vide which the appellant/accused Jitendra Motilal Nirmal has been convicted for committing the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC).

(2.) The prosecution has succeeded in seeking the conviction of the appellant Jitendra by putting forth the following case : - a] Jitendra and his deceased wife Savitribai originally hail from Navgaon, Tq. Dhamga, Dist. Durg, Chhattisgarh. Both of them, along with their girl child of 18 months had reached Aurangabad in search of work. One Amrutkumar Fateram Banjare, hailing from Chhattisgarh, was instrumental in securing an employment for Jitendra with one Shaikh Juman Shaikh Mohammad, Kadrabad, Aurangabad. b] On 15.05.2014 at about 00:15 hrs., Shaikh Juman received a call from Amrutkumar informing him that Savitribai was serious and he was requested to come to the residence of Jitendra. After reaching the place, Shaikh Juman noticed that Jitendra was present in the house and Savitribai was lying on a mat and was motionless. Shaikh Juman called Shaikh Kasam, an auto- rickshaw driver. Jitendra, Amrutkumar and Shaikh Juman carried Savitribai in the said auto-rickshaw to Adul, a nearby place. As the doctor was not available at Adul, they carried her to the GHATI Hospital, Aurangabad. On reaching the hospital, the doctor examined Savitribai at 03:45 a.m., and pronounced her as being dead on arrival. The body was sent to the Mortuary and the Police was informed. c] A case of Accidental Death No. 31 of 2014 was registered. The Police Sub-Inspector lodged a report on behalf of the State and CR No. 98/2014 was registered u/s 302 of the IPC. The Police Sub-Inspector of the Chikalthana Police Station namely, Kalpana Premsingh Rathod has drawn the inquest panchanama (Exh.16) and has issued a letter to the Medical Officer requesting for post-mortem, Exh.26. The provisional death certificate (Exh.27) was obtained. The spot-panchanama (Exh.13) was drawn and the photographs were clicked, Exh.28 to 31. Ms. Rathod lodged a report at Exh. 33 after reaching the Police Station. d] Ms. Priya Thorat, Incharge of the Chikalthana Police Station, received the investigation papers. The accused Jitendra was arrested. The statement of Police Naik Sandeep Jadhav was recorded. A letter to the Chemical Analyst was issued along with the blood sample and nail clippings of the accused. The statement of Shaikh Juman, Jitendra and the father of the accused, were recorded. e] The prosecution has examined four witnesses, namely Ms. Rathod, Exh. 24, Shaikh Juman, Exh. 35, Dr. Balaji Gyanoba Falke, Exh.42, and Ms. Thorat, Exh. 45. The accused neither examined himself nor any witness on his behalf. After considering the evidence and keeping in view that the case was entirely based on circumstantial evidence, the trial Court has held Jitendra guilty of committing the murder of his wife punishable u/s 302 IPC. At the same time, the learned Sessions Judge has expressed his displeasure on the failure of the prosecution in examining Amrutkumar and his wife who were the first persons to reach the residence of Jitendra.

(3.) The learned Advocate for the appellant has strenuously criticized the impugned Judgment and has raised several grounds. The 11 grounds tendered by her are reproduced verbatim along with the other grounds, as under : -