KAILAS SOPAN JADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Amalner in Sessions Case No. 44 of 2014 dtd. 12/10/2015, thereby convicting appellant accused for commission of offence under Sec. 302, 307 and 452 of Indian Penal Code (IPC) and sentencing him for life imprisonment and to pay fine, provisions under Sec. 378 of Code of Criminal Procedure (Cr.P.C.) are pressed into service by the appellant, praying to quash and set aside the impugned judgment and order.

(2.) Deceased Kalpana and PW2 Sunandabai are real sisters. Daughter of Kalpana was married to brother of accused namely Namdeo. There was marital discord. On 3/6/2014, PW3 Vishakha, her mother-in-law deceased Kalpana, maternal mother-in-law Sunandabai, sister-in- law Dhanashre and one Aishwarya were available in the house i.e. of PW3 Vishakha. On 3/6/2014 around 11:15 a.m. when all above incumbents of the house were watching television, an unknown person falling in the age group of 25 to 30 years entered the house. Initially, he slapped Kalpana and thereafter, whisked out knife and gave several blows on her person and when Sunanda tried to run, she was also chased and blows were also inflicted by that person on her head, hands and thereby both Kalpana and Sunandabai suffered bleeding injuries. Out of fear, Vishakha and Aishwarya hide themselves in separate bed rooms. After the person ran away, they informed neighbours and both injured were taken to the hospital. This account was narrated to Police at Parola Police Station by PW3 Vishakha at around 12:30 p.m. which gave rise to registration of Crime No. 141 of 2014 for commission of offence under Sec. 452 and 307 of Indian Penal Code (IPC). While undergoing treatment, Kalpana succumbed to injuries and crime was converted for offence under Sec. 307, 302 and 452 of IPC.

(3.) Investigating Officer of Parola Police Station undertook investigation during which steps like visiting spot, drawing spot panchanama, recording statements of witnesses, gathering blood and other articles from the spot, were taken. Enquiry was made with PW2 injured Sunandabai. Medical papers to her extent were gathered and made part of investigation. After declaration of death of Kalpana, autopsy was got done and autopsy report was made part of investigation. Seizure articles were despatched to Chemical Analyzer and after competing investigation, charge-sheet was filed. Case being triable exclusively by Court of Sessions, learned Judicial Magistrate, First Class committed the case to the Sessions Court and the challan came up before learned Additional Sessions Judge, Amalner. Learned Additional Sessions Judge, Amalner, after framing charges, undertook trial.