NILESH RAMESH JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned respective Counsel for the parties.

(2.) The challenge in this appeal is to the conviction and sentence imposed upon the appellant original accused (hereinafter the appellant is referred to as the accused), by way of judgment and order dated 20 01 2005 rendered by the learned Sessions Judge, Pune, in Sessions Case No.433 of 2003, thereby convicting him for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/ , in default to suffer rigorous imprisonment for 3 months.

(3.) Briefly stated, the case of the prosecution is as follows : P.W.8 Police Inspector Dattatraya Krishna Indalkar, was attached to Bibwewadi Police Chowky of Sahakar Nagar Police Station as API in February 2003 and he was on night patrolling duty on mobile van at the relevant time i.e. at 1.20 a.m., on 28 02 2003, when he received a message from the Control Room that mother of Rahul Joshi namely Uma Joshi, was attacked. Hence, he gave the said information to superiors and rushed towards the said place i.e. Shradha Apartment and met Rahul Joshi there, who pointed out that in a room, there was the deadbody of his mother. He accordingly inspected the said room and recorded complaint of Rahul Joshi as per his narrations, wherein he stated that on the earlier date i.e. 27 02 2003, there was a discussion about family matters, wherein it was decided that he and his mother should shift to Kharadi and the accused herein namely Nilesh, would shift to rented premises at Somvar Peth. During the course of the said discussion, the accused asked the victim mother about the provision of his food etc., and thereupon, she asked the accused to make his own arrangements. It is also surfaced in the complaint that after meals, the accused went to terrace and complainant went to his room and victim mother proceeded to her bedroom to sleep. At about 12.45 a.m., the accused woke up Rahul and asked him to see as to what had happened to their mother. Hence, Rahul went near the room in which his mother was sleeping and found that she was lying in a pool of blood. The accused also informed that her clothes were stained with blood when he lifted his mother. The accused also pointed out the knife and sickle lying in the basin, which were covered with the blood. Hence, P.W.1 Rahul Ramesh Joshi contacted Dr.Gangal, who asked him to inform the police personnel. Thereupon, he gave information to police on telephone and said message was relayed to P.W.8 Dattatraya Indalkar and in response, he arrived at the house of the complainant. Accordingly, he forwarded the said complaint along with his report for registration of an offence and it was registered at the said Police Station under C.R.No.48 of 2003 under Section 302 of Indian Penal Code. Thereafter, P.W.8 PI Dattatraya Indalkar prepared the Inquest Panchanama of the deadbody (Exh.18) and then the deadbody was sent to Sasoon Hospital, for postmortem examination.