TONY HIJOL GOVIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the Judgment and Order dated 21.08.2006 passed by the learned 2nd Ad hoc Additional Sessions Judge, Gr. Bombay at Sewree in Sessions Case No. 738 of 2005. By the said Judgment and Order, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code for causing death of his wife Maria. The appellant was again convicted under Section 302 of the Indian Penal Code for causing death of sister-in-law Juliana. For each of the offences, the appellant was sentenced to suffer R.I. for life and to pay fine of Rs. 5000/- i.d. R.I. for six months. The learned Sessions Judge directed that both the substantive sentence of imprisonment shall run concurrently. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the accused/appellant under Section 302 of Indian Penal Code for causing death of his wife Maria and again under Section 302 for causing death of Juliana, wife of complainant Wilfred. The accused/appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in Para 1 above, hence, this Appeal.

(3.) We have heard the learned Advocate appointed for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Ad hoc Additional Sessions Judge, Gr. Bombay at Sewree and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted his wife Maria as well as her sister-in-law Juliana with knife and caused their death.