SANDEEP MOHAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 1st December, 2009 in Sessions Trial No.7 of 2007 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/, in default to suffer simple imprisonment for two years.

(2.) THE prosecution case, in brief, is as under : That the accused and the deceased Shashikalabai were residing in village Kakaddati in the neighbourhood. Radhabai d/o. Shashikalabai was given in marriage to the son of Waman Dhule by name Gajanan. The husband of Radha died and she started residing with her mother Shashikalabai and brother Sambha. She was working in one mess. It is the prosecution case that appellant/accused Sandeep used to harass Radhabai and at times, was trying to outrage her modesty. The matter was taken up to the Sarpanch of the village namely Arvind Damodhar Pulate (PW1), who said that he will convince the accused and if there is no change, Radhabai should lodge report against the accused. Radhabai had accordingly lodged report against the accused complaining about his behaviour in the Police Station. The accused was arrested and subsequently, released on bail. On the day of incident, Radhabai along with her mother Shashikala were returning from Pusad in an auto rickshaw. The accused had gathered information regarding whereabouts of Radhabai and Shashikalabai from Payal d/o. Sudhakar Dhule (PW4). The accused waited for Radhabai and Shashikalabai and when they alighted from the auto rickshaw, he assaulted Radhabai with sword stick. When Shashikalabai tried to intervene, the accused attacked her also. Both of them fell down. Payal (PW4) informed about the incident to Kalawati Waman Dule (PW5). Kalawati rushed to Sambha Baliram Kamble (PW8). Radhabai died on the spot while Shashikalabai was serious. The accused was standing with blood stained sword stick in his hand. Sambha went to call his elder sister. When he returned back, he saw the accused lying down in an injured condition. He shifted his mother and sister to the hospital and then lodged report. Shashikalabai died during the course of treatment whereas Radhabai was found dead at the time of admission. The accused, who was also injured, was referred to the hospital at Yavatmal for treatment.

(3.) AFTER investigation, the charge sheet came to be filed in the Court of learned Judicial Magistrate, First Class. Since the case was exclusively triable by the Court of Sessions, the learned Judicial Magistrate, First Class committed the case to the Court of Sessions. Charge was framed against the accused. The accused pleaded not guilty and claimed to be tried. His defence was that there was love affair between him and deceased Radhabai since about two years. However, the said love affair was opposed by Sambha (PW8) and his father Waman. His defence is that when, on the day of incident, he had gone to Pusad in an auto rickshaw along with Radhabai and Shashikalabai and when alighting on return from the auto rickshaw, two persons, who had covered their faces, started beating Radhabai and Shashikala. When he rushed to save them, he was caught by one person and the another person attacked him by a sharp weapon on his stomach and throat. At that time, one bus was coming from Umarkhed side and the assailants left him and ran away from the spot. Report was lodged by Radhabai against him at the instance of her brother Sambha. At the conclusion of the trial, the learned trial Judge convicted and sentenced the appellant as aforesaid. Hence, this appeal.