NANDLAL BAJRANLAL SAINY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 6.5.1997 in Sessions Case No.737 of 1995 rendered by the learned Additional Sessions Judge, Thane, thereby convicting the appellant herein for the offence punishable under section 302 of I.P.C. and sentencing him to suffer imprisonment for life and pay fine of Rs. 1,000/- and in default to undergo R.I. for one month.

(2.) The factual conspectus of the prosecution case is as follows: According to the prosecution the victim - deceased Pushpadevi got S married with the accused about 15 years back and out of the said wedlock a son viz. Sanjaykumar was born. The accused used to reside at village Churu, Taluka and District Churu, Rajasthan State and after marriage deceased Pusphadevi went to reside with him at her matrimonial home. However, it is alleged that accused was not doing any work, and used to assault Pusphadevi. It is further alleged that PW 6 - complainant, namely, Mangilal used to reside at Block No.9 of Walchand Apartment, Ground Floor, Narona Compound, Bhayander (West) alongwith his wife and children, and deceased Pushpadevi and PW 1 Ashadevi are his sisters whereas PW 1 Ashadevi used to reside with her husband, namely, Ramawatar on the first floor of same building. It is further alleged that about five months prior to the date of incident i.e. 20.9.1995 deceased Pushpadevi came to Bhayander at her brother's house with son Sanjaykumar. On 20th September, 1995 the accused also came to reside at Bhayander from his native place. It is also alleged that there was quarrel between accused Nandlal and deceased Pusphadevi on the said date. Thereafter, Pushpadevi and Mangilal had dinner at 10.30 pm but Accused Nandlal went to PW 1 Ashadevi for dinner and returned late at about 12 O'clock in midnight and thereafter accused and deceased Pushpadevi went into inner room to sleep whereas PW 6 Mangilal slept in outer hall.

(3.) It is further alleged that at about 7 am Ashadevi rang up bell and thereupon Mangilal woke up and accused Nandlal opened the door. Thereafter PW 1 Ashadevi asked accused about Pusphadevi thereupon accused replied that she was inside. Mangilal and Ashadevi went inside the room and found Pushpadevi lying dead in pool of blood hence they asked accused Nandlal as to what had happened but the accused started running away without answering hence PW 1 Ashadevi and PW 6 Mangilal tried to catch hold of him and shout was raised and nearby people gathered including PW 3 - Ramawtar, husband of Ashadevi who caught hold of him. Thereafter matter was reported to police personnel and accused was taken in custody by them.