RAJU BALARAM GUJRATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Criminal Appeal is preferred by the appellant/accused challenging the order dated 2nd & 5th April, 2004 passed by the Additional Sessions Judge of City Civil & Sessions Court in Sessions Case No.308 of 2003. By the impugned judgment and order, present appellant/accused was convicted for the offences punishable under Sections 449, 392, 394, 397 & 302 of Indian Penal Code. For the offence punishable under Section 449 of IPC, he was sentenced to suffer R.I. for 10 years and fine of Rs.1000/-, in default, to suffer further R.I. for 1 year. For the offence punishable under Section 392 r/w. S.397 IPC he was sentenced to suffer R.I. for 7 years and to pay fine Rs.1000, in default, to suffer further R.I. for 1 year. For the offence punishable under Section 394 IPC, he was sentenced to suffer R.I. for 7 years and to pay fine of Rs.1000, in default, further R.I. for 1 year. For the offence punishable under Section 302 IPC, he was sentenced to suffer imprisonment for life and to pay fine of Rs.1000/-. The substantive sentences were directed to run concurrently. Set-off was given to the appellant/accused for the period he is in custody i.e. since the date of his arrest on 20.2.2003.

(2.) In order to appreciate the rival arguments, the case of the prosecution, in nutshell, is narrated as under:- On 26.1.2003 at about 8:00 a.m.in Singhania Building, B Block, Grant Road (E), Mumbai -7, the deceased Smt.Manjula Shah was found dead in her flat and was in pool of blood. The incident took place between 7:30 a.m. to 8:00 a.m. on that morning and it was a case of house-trespass by the assailant and robbery of valuables like gold jewelery. During the said incident, there was assault on the woman and in which she died.

(3.) On the fateful morning at about 8:15 a.m., the maid servant (PW-10) who used to work in the flat of the deceased woman, found that Smt.Manjulaben was lying in the flat in pool of blood and thus sensing seriousness of the situation, she rushed to the house of one Ramesh Shah - brother of the deceased. At the house of Ramesh Shah she found Mehul Shah - son of Ramesh Shah. She informed him that Manjulaben was lying in a pool of blood in her flat. The said Mehul Shah (PW-1) informed his other relatives and went to the flat of his aunt Manjulaben. After noticing the situation and seeing Manjulaben in a pool of blood and finding that the cupboard was open and various articles were ransacked, he went to the D.B. Marg police station and informed the Officer on duty. His statement was recorded by the police and it was treated as the First Information Report (Exh.6). Offence was registered against the unknown assailants for various offences of house-trespass, robbery etc. and also for the offence of murder during commission of such robbery.