SUMIT BRIJBIHARI GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant who is convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced to suffer imprisonment for life and fine of Rs.5,000.00 and simple imprisonment for six months under Sec. 309 of IPC and fine of Rs.3,000.00 with a default stipulation, in the event of non payment of fine, by the Second Additional Sessions Judge, Thane, in Sessions Case No.287/2008 by judgment dtd. 2/5/2012, this Appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) questions the correctness of the conviction and the sentence.

(2.) The prosecution story can be unfolded as underPolice Station Rabale received information on 20/3/2008 about 9.10 p.m. that Room No.302 of Aniket Lodge is locked from inside and light is switched of, there is no response from inside, inspite of repeated calls and knocks on the door. After receiving the information, Sr. PSI Dubal with his colleagues PSI More, PSI Bhong and PSI Kadam and police staff rushed to Aniket Lodge. They went to Room No.302 and knocked on the door but no response from inside. An attempt was also made by using bell but it went fruitless. The door of the said room was closed from inside. The police officers with the help of staff of Aniket Lodge forcibly pushed the door and bolt was broken and door was opened. In Room No.302, one male and one female in unclothed condition were found. Both of them were injured. One knife with blood stains was lying on the bed. One diary was also found wherein it was mentioned that he (Accused) is responsible for the death of Samantha and he himself. It was also stated in the diary that Samantha was cheating him for last five years. The police officers made arrangement of Ambulance. Both injured were taken to N.M.M.C. Hospital at Vashi. Doctor examined injured female and declared her dead. Male injured was found alive. Doctor further informed that the injured male has consumed poisonous substance. On making inquiry, name of deceased was revealed as Samantha Fernandes and name of the male was Sumit Brijbihari Giri (Accused / Appellant).

(3.) On the basis of initial material gathered at the scene of offence, PSI Gavli lodged FIR on behalf of State on the very day against the Accused. On that basis, Crime No.131/2008 under Sec. 302 and 309 of IPC came to be registered at Rabale Police Station. The investigation of crime was entrusted to P.W.19 PI More. PI More prepared the panchanama of the scene of offence and seized certain articles from the scene of offence. The specimen handwriting / signature of the Accused were taken under panchanama. The seized muddemal property including knife and clothes of the deceased and injured Accused were sent to Chemical Analyst for chemical analysis and report. During the course of investigation, PI Mr. More recorded statements of witnesses including owner of the Aniket Lodge, two managers, waiters and parents of deceased Samantha. He collected Post Mortem notes and cause of death certificate. The Investigating Officer Mr. More found sufficient incriminating evidence against the Appellant / Accused which resulted in filing of chargesheet under Sec. 302 and 309 of IPC. The case was committed to the Court of Sessions at Thane for trial.