PANEER SELVAM SUBRAMANYAM PILLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on this criminal appeal preferred by the appellant-accused challenging the judgment and order of conviction dated 11.3.2005 passed by 2 nd Ad hoc Additional Sessions Judge, Kalyan.

(2.) By the impugned judgment and order, the appellant-accused was convicted for the offence under section 302 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.2,000/-in default to suffer SI for three months. The appellant-accused was also convicted for the offence under Section 309 of IPC. However, no separate sentence was imposed on him. The appellant-accused was also directed to pay compensation of Rs.20,000/- to the legal heirs of victim i.e. PWs 2 and 3.

(3.) The case of the prosecution, in nut shell, is as under :- The appellant-accused and his family members, victim and her family members are residents of the same locality i.e. Madrasipada. The appellant- accused had love affair with the victim Saida who was married to one Suresh PW-3. Said Suresh had later on converted to Islam as victim Saida was of Muslim religion. Victim Saida had her daughter, aged about 10 years, PW-2 Nimira was staying with her. The incident took place at about 7:00 pm on 5.2.2003. When victim and her daughter PW-2 were alone at home, the appellant-accused raised quarrel with the victim and told her to accompany him wherever he wanted to go. Victim declined and on this there was altercation between the two. It was noticed by PW-2 Nimira, daughter of the victim. The news of such quarrel reached to PW-1 Saraswatibai Naidu. She was a social worker of the said area. She visited the house of the victim and tried to pacify situation. However, without any success. During the said quarrel which was witnessed by PW 1 and 2, the appellant/accused took out a knife and gave blows on the chest and other parts of body of the victim and also on her legs and hands. There were about nine incised wounds and two abrasions. The incised wounds were on vital parts of the body. Due to the assault, victim collapsed on the person of the appellant-accused. Probably she died on the spot. Various people gathered on the spot. It is also the case of the prosecution that immediately after the assault on the victim, the appellant-accused got self inflicted injuries on his person with the help of some knife. He also sustained severe injuries on his abdomen. Injured appellant-accused was removed to Central Hospital, Ulhasnagar along with the victim. Intimation was given to the police. PW-1 Saraswatibai Naidu lodged complaint to the police. It was treated as FIR Exh.6. Offence was registered against the appellant-accused for Sections 302 and 309 of IPC.