RAJESH KUMAR YEDURAJSINGH BHADORIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling dissatisfied by the impugned judgment and order of conviction passed in Sessions Case No.302/2010 by the Additional Sessions Judge, Thane, the Appellant / original Accused has preferred this appeal by taking aid of Sec. 374 of Cr.P.C.

(2.) The prosecution story in brief is as underThe Appellant / Accused Rajeshkumar Bhadoriya was residing with his wife Sangita, two daughters namely Tanishka aged 5 years and Aayushi aged 16 years in Flat No.1/103, Anamitra, B Wing, Prakruti Park, Bramhand, Ghodbandar Road, Thane. On 30/3/2010, PSI Rajendra Gujar (P.W.2) received phone call from Police Constable Bartad (P.W.10) attached to Thane Nagar Police Station deputed in the Civil Hospital Police Chowki Thane who informed that Sangita (wife of Appellant / Accused) was brought by her husband Rajeshkumar in the Civil Hospital Thane for medical treatment, with a case history that his wife Sangita sustained head injury due to fall of cupboard. The Medical Officer on duty, declared her dead. On that basis, PSI Rajendra Gujar took entry in the station diary vide ADR No.23/2010 under Sec. 174 of Cr.P.C. at Kasarwadavali Police Station, Thane. He informed such fact to his senior officers. He then rushed to Civil Hospital alongwith WPC Divar. On making inquiry with the Medical Officer of Civil Hospital Thane, PSI Gujar came to know that deceased Sangita was brought dead. Accordingly, PSI Gujar prepared panchanama of the dead body of Sangita in presence of two panch witnesses. He noticed that there were several head injuries on the corpse of Sangita coupled with other injury marks. He therefore requested Medical Officer to issue advance death certificate and Post Mortem notes. In the meanwhile, PSI Gujar also came to know that daughter of Appellant / Accused namely Tanishka has also sustained serious injuries and she has been admitted in Lok Hospital. Accordingly, PSI Gujar lodged FIR on behalf of State with Kasarwadavali Police Station and on that basis Crime No.83/2010 under Sec. 302 and 307 of IPC came to be registered against the Appellant and criminal law was put in motion for further investigation.

(3.) The investigation was entrusted to Sr. PI Pramod Khade (P.W.15). On the very day, injured daughter Tanishka succumbed to serious injuries in Lok Hospital Thane. The dead body of Tanishka was sent to Civil Hospital, Thane for post mortem examination and report.