JAIKISAN Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) By invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.), the appellant is questioning the legality and maintainability of finding of his guilt and conviction recorded by learned Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 vide judgment and order dtd. 28/7/2015 by which, he is awarded imprisonment for life and to pay fine of Rs.5,000.00 for commission of offence punishable under Sec. 302 of the Penal Code, 1860 (IPC) and rigorous imprisonment for 10 years with fine of Rs.5,000.00 for commission of offence punishable under Sec. 307 of IPC.

(2.) Deceased Janki @ Sarita was married to PW9 Pankaj and they had children out of their wedlock. They both were manufacturing incense sticks in their house and PW9 used to go for marketing and sell the same on his handcart. Deceased Janki @ Sarita had developed illicit relations with accused Jaikisan. In spite of objection by PW9, deceased Janki continued her said relations with accused.

(3.) On 4/9/2014, as usual, PW9 left for his so-called business and went to Gindodia Chowk, Rachana Hall, Dhule. Around 8.00 p.m, his mother and sister-in-law and some ladies of his locality carried deceased Janki in rickshaw in injured condition. According to PW9-informant, on inquiry, deceased informed him that accused questioned her for having illicit relations with persons other than him and he assaulted her with knife at Swami Narayan Colony i.e. in front of the house of Govind Gulab Choudhary. He claims to have seen that saree of his wife was blood stained and she had sustained injury on stomach, rib and back. PW9 asked his mother and sister-in-law to take his wife to the hospital and he too reached there. After short time, against medical advice, discharge was obtained from the civil hospital and Janki was taken to Siddheshwar Hospital but said hospital refused to take her and therefore, he took her to Seva Super Specialty Hospital. There, she breathed her last and thereafter, he approached police and set law into motion by lodging the FIR. Thereafter, crime baring 183 of 2014 was registered with Azad Nagar Police Station, District Dhule for the offence punishable under Sec. 307 of the Penal Code, 1860 (IPC), Sec. 25 r/w 4 of the Arms Act and Sec. 135 r/w 37(1)(3) of the Bombay Police Act.