RAJKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as "the accused"), takes exception to the Judgment and order dated 24.3.2009 passed by the Additional Sessions Judge 6th, Nagpur, in Session Trial No. 306/2008, convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 15,000/- (Rs. Fifteen thousand only), in default to suffer rigorous imprisonment for one year. Out of fine amount, an amount of Rs. 10,000/- has been ordered to pay to P.W. 2 Divyani as compensation. Briefly, the case of the prosecution is as under:

(2.) On 18.5.2008 at about 8.00 p.m. the accused came to the shop of Dilip Paigwar and Dilip Paigwar inquired from the accused as to what had happened since the accused seemed to be in a bad mood. The accused replied that his wife was misbehaving and as such he was thinking of committing suicide. Thereafter, the accused left the shop. On 19.5.2008 at about 5.30 a.m. he learnt that three persons i.e. two women and one man were lying dead in the house of Arun Khandar, so he went to the house of Arun Khandar and saw that Arun Khandar, his wife Versha Khandar and Rani, the wife of accused were lying dead in the pool of blood on the roof of the house of Arun Khandar. He also saw that one sledge hammer, stone-slab (dagadi pata) and one stick were lying near them. It was alleged that the accused suspecting illicit relation of his wife with Arun Khandar, on the night between 18th and 19th May, 2008 assaulted Arun Khandar, Varsha Khandar and Rani Verma with iron hammer and stone (pata) and caused severe injuries to them and committed their murder.

(3.) In Session Trial No. 306/2008, the prosecution examined 14 witnesses, out of whom four witnesses including the first informant P.W. 1 Dilip Paigwar, turned hostile. The prosecution also relied upon documentary evidence. The defence of the accused is of total denial and false implication. Further his defence is that in the evening at about 6,00 p.m. he along with his son had gone to Chhattisgarh and fell ill and thereafter the police arrested him outside Durg Railway Station. The accused did not lead any defence evidence.