JAGDISH KUMAR RAMBABU JAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/orig. accused has challenged the judgment and order dated 27.7.2004 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.211 of 2000. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 354 of IPC. For the offence under Section 302 of IPC, he was sentenced to suffer imprisonment for life and to pay fine of Rs.1000/. For the offence punishable under Section 354 of IPC, he was sentenced to suffer RI for one year. Learned Sessions Judge directed both the substantive sentences of imprisonment to run concurrently.

(2.) The prosecution case, briefly stated, is as under : PW2 Rupa, a young girl of about 18 years of age at the time of the incident, was residing along with her family including her mother PW3 Nirmala in Maa Saheb Ambedkar Nagar Slum, Mumbai. Deceased Islam and his wife PW1 Nafisa were residing in the room adjoining to the room of PW2 Rupa. Opposite the room of Rupa, there was a shoe making factory. The accused was working in the said shoe making factory. On 28.11.1999 at about 9:00 a.m., PW2 Rupa had gone to fetch water from the public water tap. PW1 Nafisa and her husband deceased Islam had also come to the tap to take water. PW2 Rupa filled water in a pot. While she was returning home on the way, she came across the accused. The accused smiled at her and then he caressed her cheek with his hand. PW2 Rupa went home and narrated the incident to her parents. Her parents then went to question the accused as to why he did the said act. In a little while, PW1 Nafisa and Islam also came to the spot where the accused was standing at the door of the shoe making factory. Islam also asked the accused why he had teased Rupa. Islam told the accused why the accused used to tease girls from that locality and he questioned the accused whether he did not have mother or sister in his house. On hearing this, the accused got angry. He went inside the factory and came with a rapi i.e. a sharp edged weapon and pierced it in the abdomen of Islam. As Islam tried to avoid further blows, he sustained injuries on his hand and arm. Thereafter the accused ran away from the spot. PW1 Nafisa took her husband to the police station and from there, she took her husband to Sion Hospital. Her husband was admitted to the ICU Unit. FIR of PW1 Nafisa came to be recorded. At about 4:30 p.m or 4:45 p.m., her husband succumbed to his injuries. The dead body of Islam was sent for postmortem. One Dr. Samberkar conducted the postmortem on the dead body of Islam. The doctor noticed the following external injuries on the dead body of Islam :

(3.) Charge came to be framed against the appellant/orig. accused under Section 302 of Indian Penal Code for causing death of Islam and under Section 354 of IPC for outraging the modesty of PW2 Rupa. The accused pleaded not guilty to the said charge and claimed to be tried. His defence, as revealed from the crossexamination of witnesses, is that the deceased had fall near the water tap and sustained injuries. After considering the evidence adduced by the prosecution and the defence of the accused, the learned Sessions Judge convicted and sentenced the appellant, as stated in para1 above, hence, this appeal.