SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has questioned correctness of Judgment and Order dtd. 24/11/2015 passed by the Additional Sessions Judge, Raigad-Alibag in Sessions Case No.119 of 2013, convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code (for short, "the IPC") and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500.00, in default of payment of fine to further suffer rigorous imprisonment for six months and under Sec. 201 of the IPC and sentence to suffer rigorous imprisonment for one year and to pay a fine of Rs.500.00 in default of payment of fine to further suffer rigorous imprisonment of one month. Trial Court has directed that, the substantive sentences shall run concurrently.

(2.) Heard Ms. Kuttikrishnan, learned Advocate appointed by the High Court Legal Services Committee, Mumbai for the Appellant and Mr. Hulke, learned APP for the State. Perused entire record.

(3.) Shorn off unnecessary details, it is the prosecution case that, the Appellant was brother-in-law of deceased Deepak Yadav. The sister of deceased Deepak Yadav is the wife of the Appellant. Appellant was working with Ravi Kamal Mill Company situated at village Honad, Taluka Khalapur, District Raigad. Appellant had brought deceased Deepak Yadav to work in the said company. Appellant, deceased Deepak Yadav another worker Ishwar Prasad Yadav and Rajesh J. Choudhary (PW-1) i.e. the informant, were working in Wheat Cleaning and Washing department in the said company. Rajesh J. Choudhary (PW-1) was working as machine operator in the said company. On 14/7/2013, the duty timing of Rajesh J. Choudhary (PW-1) was from 8.00 p.m. to 8.00 a.m.. In the wee hours of 15/7/2013 i.e. at about 2.00 a.m., Rajesh J. Choudhary (PW-1) did not see Deepak Yadav (deceased) in the department in spite of search. He therefore asked the Appellant where Deepak Yadav (deceased) was, to which Appellant replied that Deepak Yadav had ran away by leaving the work. The informant Rajesh J. Choudhary (PW-1), thereafter engaged himself in his work. In the morning of 15/7/2013 at about 8.00 a.m. after completing his duty hours, Rajesh J. Choudhary (PW-1) went to his house. The Manager of the said company, Durgaprasad L. Somani (PW-5), gave a phone call to Rajesh J. Choudhary (PW-1) and asked him to come into company's office at about 10.00 a.m. Accordingly, Rajesh J. Choudhary went to the company's office. Durgaprasad L. Somani, Manager of the said company questioned Rajesh J. Choudhary as to where Deepak Yadav (deceased) is, to which Rajesh replied that, Deepak Yadav (deceased) had ran away, as was told to him by the Appellant about the same. Durgaprasad L. Somani (PW-5) therefore asked the Appellant where Deepak Yadav (deceased) was, to which Appellant replied that, a quarrel took place between himself and Deepak Yadav (deceased) and he killed Deepak Yadav (deceased) as he got angry and due to the same he assaulted Deepak Yadav (deceased) with an iron rod and thereafter threw his body in the stream which was at the back side of the company. The reason for the said assault was told by the Appellant to Durgaprasad L. Somani (PW-5) was that, Deepak Yadav (deceased) instigated his wife by saying that, though the Appellant is a handicap person, why she performed marriage with him. That led to quarrel which ensued in the assault by the Appellant upon Deepak Yadav (deceased).