JITENDRAKUMAR JOGENDRA SHAHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, challenging the Judgment and Order dtd. 8/5/2014 passed by Learned Additional Sessions Judge, Mumbai in Sessions Case No.292 of 2012.

(2.) By the impugned Judgment, the learned Sessions Judge convicted and sentenced the appellants (hereinafter referred to as accused nos.1 and 2 respectively) for offence punishable under Sec. 302 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs.1000.00, in default rigorous imprisonment for six months. The accused are also held guilty of offence under Sec. 392 r/w. Sec. 394 r/w. 34 of the Indian Penal Code and sentenced to suffer 07 years rigorous imprisonment with fine of Rs.1000.00, in default rigorous imprisonment for six months.

(3.) The case of the prosecution in brief is that, the deceased - Tabeta Fonseca, aged about 85 years was residing alone in a ground floor flat of Fonseca Building, Dadar, Mumbai. On 8/9/2011, PW-1- Ruth Edward D'souza, the daughter of the deceased made several phone calls to her mother which went unanswered. Hence, on 9/9/2011 at about 9.00 a.m., she came to the house of the deceased, but found that the door and the windows were shut. There was no response from the deceased. PW-1 collected the spare key from the neighbor and opened the door. A foul smell was emanating from the room, and her mother was lying on the floor. The safe of the cupboard was open and cash and jewelry were missing. PW-1 called her cousin PW-2- Dr. Malcol Joseph, who examined the deceased and found her to be dead. PW-1 and PW-2 went to Matunga police station and reported the incident, pursuant to which, PW-8- Madhav Mahale, API registered ADR No.66 of 2011 under Sec. 174 of Cr.P.C.