ROHIDAS MANIK KASRALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 22 nd August, 2003, passed by the 2 nd Additional Sessions Judge, Thane, in Sessions Case No.78 of 2003, convicting the Appellant, who was the sole accused in that case, of an offence punishable under Section 302 of the Indian Penal Code. The learned Additional Sessions Judge sentenced the Appellant to suffer imprisonment for life and also to pay a fine of Rs.1,000/ with a default sentence of six months. The Appellant, being aggrieved by the said order of conviction and sentence, has appealed to this Court.

(2.) The prosecution case before the learned Additional Sessions Judge, Thane, was that the Appellant and his wife Lata used to reside at Room No.14, Trupti Apartment, Bhola Nagar, Kalwa, Thane, with their two daughters. The Appellant and his wife Lata, both, were working as Insurance Agents in Panaromic Company. The relations between the Appellant and his wife were not good. The Appellant used to suspect the character of Lata. In November, 2002, during Diwali Vacation, both the daughters of the Appellant and Lata had gone to reside with their maternal uncle Prakash More (PW 6). On 13 th November, 2002, the Appellant and Lata had gone to Matunga to attend the meeting of the Company and they returned home at 12:30 hours in the midnight. They changed their clothes. That, at that time, three persons of the age group of 18 to 20 came to the house of Appellant and Lata, and started talking to Lata. Those persons were not known to the Appellant and, therefore, he asked Lata about them. Over this, Lata was annoyed and answered in fury that 'they were her stones (nxM)', and that 'the Appellant had no business to ask about it'. On this, the said three persons left, but a quarrel took place between the Appellant and Lata. Lata gave a fist blow to the Appellant on his face. The Appellant was angered and he strangulated Lata by pressing her odhni around her neck. Lata died due to the compression of throat. The Appellant, thereafter, called his relatives, including the brothers of Lata, Baburao More (PW 3) and Prakash More (PW 6). The Appellant told them that three unknown persons had entered the house, made him unconscious by giving a blow and had, thereafter, killed Lata. The Appellant, thereafter, went to Kalwa Police Station and lodged a report in writing (Exhibit 20) implicating himself as the offender. API Tukaram Kamble (PW 5) registered a case and arrested the Appellant under Arrest Panchnama (Exhibit 21). API Kamble (PW 5) visited the spot. Inquest Panchnama (Exhibit 12) in respect of the dead body was drawn. The dead body was sent for post mortem examination. Dr. Dattatraya Kulkarni (PW 4) performed the post mortem examination. The death of Lata was opined to be caused by 'ligature strangulation'. Further investigation was carried out by PI Ashok Pawar (PW 7), who carried out Spot Panchnama (Exhibit 13). The Appellant, while he was in police custody, disclosed certain information, pursuant to which one odhni was seized from his house under a Panchnama (Exhibits 14A and 14B). The seized articles, including the nail clippings of the Appellant and blood samples of the deceased Lata, etc. were sent for chemical analysis to the Forensic Science Laboratory, Bombay. The reports from the Chemical Analyzer were received in due course (Exhibits 29 to 34). On completion of investigation, a Charge Sheet was filed against the Appellant.

(3.) The prosecution examined totally seven witnesses during the trial. Sunil Sawant, a Police Constable, who had visited the house of the Appellant along with the Appellant, PI Ashok Pawar (PW 7) and Panchas on 14 th November, 2002, is the first witness. He had witnessed the production of one Odhni by the Appellant. The second witness Pandurang Gajge is also a Panch in respect of the Inquest Panchanma (Exhibit 12) and the Spot Panchnama (Exhibit 13). He is also a witness in respect of the alleged disclosure statement made by the Appellant and the recovery of one Odhni from the cupboard inside the room of the Appellant under a Panchnama (Exhibits 14A and 14B). The third witness Baburao More, it may be recalled, is the brother of deceased Lata, while the fourth witness is Dr. Dattatraya Kulkarni, who had conducted the post mortem examination on the dead body. The fifth witness is API Tukaram Kamble, who had registered the First Information Report on the basis of information given to him by the Appellant. The sixth witness for the prosecution is Prakash More, another brother of deceased Lata. The seventh witness, as aforesaid, is the Investigating Officer PI Ashok Pawar.