SAMEER KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 27/11/2014 passed by the Sessions Judge, Raigad, at Alibag in Sessions Case No.20 of 2013. The Appellant was the only accused in that case. The Appellant was convicted for the offence punishable u/s 302 of the Indian Penal Code and was Nesarikar sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000.00 and to suffer rigorous imprisonment for one year in default of payment of fine. The Appellant was given set off for the period for which he was in jail during the trial.

(2.) Heard Mr.Aniket Vagal, learned counsel for the Appellant and Mr. S. S. Hulke, learned APP for the State.

(3.) The prosecution case is about commission of murder of one Devi Deepak Sarkar @ Deepti Sameer Khan ( the deceased in this case) committed by the present Appellant. Both of them were residents of Barvadih, Zarkhand. The Appellant was having a shop for recharging of mobile phones. The deceased used to come to his shop for recharging her phone. Slowly their friendship grew into love affair. Earlier both of them had eloped together. On that occasion they had returned. But again the deceased left her house. The deceased was residing at Kongaon, Taluka Panvel, District Raigad. The Appellant used to visit her. There was a quarrel between them on 03/10/2012 in the evening. On the next date on 04/10/2012 at about 04.30 p.m. there was again quarrel between them and on this occasion, the Appellant committed her murder by throttling her. The neighbours had reached the room, where the murder was committed, on hearing noise. They saw the Appellant jumping out of the window and running away. The deceased was lying dead. Therefore the landlord Janardan Gharat lodged his FIR. The investigation was conducted and the Appellant was arrested on 05/10/2012. After completion of the investigation, the charge-sheet was filed and the case was committed to the Court of Sessions. At the conclusion of the trial the Appellant was convicted and sentenced as mentioned earlier.