SHRIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has been convicted of the offence punishable under S. 302 of the IPC by the Additional Sessions Judge, Buldana, for committing the murder of his two grand-daughters and one grand niece on 18/10/1985 at village Mundaphal, District Buldana.

(2.) THIS is one of the rare cases where the appellant has been found to have committed murder of his two grand-daughters Kalpna aged 4 years and Kavita aged 2 years, and one grand niece aged 11/2 months, apparently for no motive. The incident was reported almost immediately by the daughter of the appellant herself viz. Shobha (P. W. 3), whose two kids have been does to death. All the relevant details are stated in the first information report (P. W 21 ). Offence u/s. 302 of the IPC, was registered and the investigation started. Shobha (P. W. 3) was married in the year 1985 and was living at Hiwra, taluq Mehkar, District Buldana. She had come to her father's house at Mundaphal for delivery along with her two daughters Kalpna and Kavita. About 11/2 months before the date of the incident, viz, 18/10/1985 Shobha delivered a female child by name Savita. The members living in the house of the appellant were the appellant himself, his wife Kaushallya, his three sons Mahadeo, Parmeshwar (P. W. 4) and Devanand, and daughter Shobha (P. W. 3 ). One Sharda alias Bali aged 4 years - the daughter of the brother-in-law of the appellant was also living with him.

(3.) THERE are only two eye-witnesses to the incident, viz. , Shobha (P. W. 3) and Parmeshwar ( P. W. 4 ). Shobha in her evidence stated that at the time of the incident, since she had gone to answer the call of nature, there was none except her father appellant and the three kids, since the other members of the family had gone to the field while her brother Parmeshwar had gone to the school and the sister had gone to the village. According to her, she met her brother Parmeshwar on the way while she was returning after answering the call of nature and it was her brother who told her that the appellant was assaulting the kids. She, therefore, rushed to the house. She found that the front door was chained from inside. She then peeped into the house through the gaps of the door and noticed that her father was hitting Sharda and Kavita with the Handle of the grinding stone. She also saw that Savita was lying there with injuries on her face. She, therefore, asked her father to open the door. The appellant opened the door and ran out of the house. Then she entered the house and found that Savita was already dead and other girl has suffered several injuries. Seeing this, she started crying which attracted the neighbours, as a result of which Nathu, Subhash, Madhukar and Narayan came there. She narrated the earlier incident to them. Nathu and Madhukar took Sharda and Kavita to the dispensary of Janephal. After some time, police came there and took Shobha in the police jeep to the police station where her complaint was recorded. She has deposed that the complaint was correctly recorded. In cross-examination she deposed that her father was unable to sleep for 7 to 8 days prior to the date of the incident. She also admitted that he used to get angry on anyone during that period and he did not like any body talking or making noise. Her evidence is consistent and corroborated by the first information.