ANANDA RAMDAS SHIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 28/09/1998 passed by the learned IInd Additional Sessions Judge, Nasik in Sessions Case No. 30 of 1998. By the said judgment and order, the appellant has been convicted for the offence punishable under sections 302 and 201 of Indian Penal Code. For the offence under section 302 of I. P. C. , the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- indefault S. I. for three months. For the offence punishable under section 201 of I. P. C. the appellant-accused was sentenced to R. I. for one year and to pay a fine of Rs. 500/-indefault S. I. for one month.

(2.) THE prosecution case in brief is as under: the complainant P. W. 1 Ashok Kapse was the resident of Walmik Nagar, panchavati, Nasik. The appellant Ananda Ramdas Shirsat was having love affair with deceased Deepali daughter of P. W. 7 Baburao Gavand. The appellant Ananda and Deepali were residents of same locality i. e. Walmik Nagar. About 4 to 5 months prior to the incident, P. W. 7 Baburao Gavand the father of the deceased came to know about the love affair between the appellant ananda and his daughter. Baburao Gavand the father of deceased Deepali, advised Deepali as well as the appellant Ananda that they should not indulge in such a love affair and he settled Deepali's marriage with a boy from Indore. The date of the marriage of the deceased was also fixed.

(3.) THE complainant P. W. 1 Ashok Kapse was working in the Nasik Municipal Corporation as a watchman. In addition, he was attending Pandit jawaharlal Nehru Vyayam Shala in Walmik Nagar locality. In the said Gymnasium he gave training to other boys. On 3-1-1998 his mother Jankibai had gone to Bombay to see her daughter and therefore, there was nobody in the house except the complainant Ashok Kapse. On that day, he returned home from work, thereafter in the evening he went to the Gymnasium. There the complainant Ashok Kapse was giving training to the boys who were attending the Gymnasium. In the evening, the appellant came there and asked him for the keys of his house i. e. the house of Ashok Kapse, saying that he wanted to take rest at his house. P. W. 1 Ashok Kapse gave the keys to the appellant. The appellant told him that he should come home after he finishes his work. After p. W. 1 Ashok Kapse finished his work, he went home. He found that the door was closed. The light was on inside the house. Therefore, Ashok Kapse knocked on the door and said "ananda open the door". From inside, Ashok Kapse heard a girl saying "ashokbhau Mala Wachava". Therefore, Ashok Kapse tried to push the door but he found that it was locked from inside. The shutter of the window was closed. Therefore, Ashok Kapse inserted his hands in the gap between shutter which was from outside, and pulled it forcibly. The window opened. Ashok Kapse saw Deepali lying in the house. Ananda had assaulted her with knife. When Ashok Kapse opened the window. P. W. 5 Raju Dighe and P. W. 8 Jagan Warde also came there. Then Ashok Kapse abused the appellant. The appellant opened the door and dragged Deepali upto the last step of the door. Ashok Kapse saw that Deepali had sustained injuries. The appellant left Deepali on the last step of the door and started running. Ashok kapse started chasing him. A scuffle took place between them. Many persons gathered there. Two policemen also came there. The policemen asked Ashok kapse as to why he was quarrelling, Ashok Kapse told them that the appellant had killed the girl in his house. The policemen took the appellant and ashok Kapse to Katya Maruti Police Chowky. The complaint of P. W. 1 Ashok kapse came to be recorded. The appellant came to be arrested. At that time, the clothes on the body of the appellant accused i. e. T-shirt and pant (articles 7 and 8) were found to be stained with blood, so also his shoes (article 9) were also found to be blood stained. The said clothes and shoes came to be seized under panchnama (Exhibit-31 ). Thereafter, a knife came to be recovered at the instance of the appellant.