(1.) THE appellant-accused has assaulted his wife, minor son and daughter and two servants. Therefore, the Additional Sessions judge, Raigad, after considering the material, as well as, the extra judicial statement made by the appellant, convicted him for the offence punishable under Section 302 of Indian Penal Code and sentenced him to suffer life imprisonment. The appellant was also convicted for the offence punishable under Section 307 of the Indian Penal code and sentenced to suffer rigorous imprisonment for 7 years and related orders were passed by the judgment dated 16th March, 2000. The accused has, therefore, appealed against the order of conviction.
(2.) ONE Kashimayan Ochhu Tyanwar (PW1) brother of the accused to whom the extra-judicial confession was made by the appellant, had lodged the FIR (Exhibit-8) on 26/12/1997. As per his narration, on 25/12/1997, at about 1. 30 a. m. , he heard noise and cries outside and, therefore, he came out of his house/room and saw that one servant was running away from the porch where the servants were sleeping. He chased him. However, the said servant disappeared. Therefore, the complainant returned back immediately. He saw that the appellant-accused was standing in his room, holding a blood stained sickle in his hand. The door of the room was open and the light in the room was on. There was a wooden box near the door lying outside the room of the accused. He lifted that box and threw it towards the accused and snatched the sickle from the accused. Ha had also noticed, that their servants were injured and were crying. The son of the accused was also seriously injured on the head. As the said son was alive, the complainant took hint out of the house: Hp saw that the daughter of the accused was also injured. One servant Perikarpan @ Raju (PW4)had also sustained injuries on his head. Another servant, Vijay Gajanan Vartak (PW3) had sustained sickle blows on his shoulders, as well as, on his head. The third servant Singham had also sustained injury on his thigh. All these injuries were caused by the sickle. The complainant, therefore, after throwing the box, managed to get hold of the accused and took him out of the room and tied him with a rope. On enquiry, the appellant-accused told him that his wife had illicit relation with their servant Raju and, therefore, he killed her. He further told that, as enquired, he killed the children as he apprehended that they would also follow the path of their mother and would lead immoral life. He further told that he assaulted Raju as he had illicit relation with his wife. He assaulted Vijay, another servant, as he used to help Raju in keeping illicit relations. Accused further told that he assaulted Singham as he was intervening while he was assaulting Raju and Vijay. The complainant further narrated that after 5-10 minutes Sagar, the minor son of the accused also expired. The complainant, therefore, requested the neighbour Gopal Sawant to go and inform the Police Patil, so that Police Patil, in turn, could inform to the Mandva Police Station, Accordingly, the Police came to the spot of the incident. The Police arrested the accused and took the injured to the hospital. The complainant thereafter went to the Police Station and narrated the incident, which was reduced into writing (Exhibit-8) and duly signed. The complainant was also sent for treatment as he also suffered bleeding injuries while snatching the sickle from the accused. AH other injured were taken to the hospital. The injured daughter of the accused is alive and she staying with the complainant. She was also treated in the Civil Hospital, Alibaug. As narrated, at the relevant time, their servants Raju, Vijay, Singham, Mani Palle, Surli Pille were also present in the porch. The brother in law of the accused Mr. Chandir was also sleeping there. The dead body of the deceased wife and son of the accused were handed over to them in the evening. The Police came to the house at Rewas. The Spot Panchanama was drawn. The sickle was also recovered from the house of the accused, after due Panchanama (article No. 1 ).
(3.) THE prosecution has examined, in all, 14 witnesses. The complainant-informant Kashimayan Ochhu Tyanwar (PW1) had lodged the FIR at Exhibit-8. PW3 Vijay is a Panch witness to Exhibit-15 i. e, the Panchanama of Pants and shirt of the accused with blood stains and the clothes of the deceased. PW4 perekarppan @ Raju Mani Tyanwar who was residing at Rewas and working with the informant PW1, supported, die basic testimony of PW1. This witness has also suffered injuries. PWS-Vijay was also working with the complainant and the accused. He is also an injured witness, but he has not supported the case of the prosecution fully and was, therefore, declared hostile. He had run away from the place. PW6 Dnyaneshwar is a Panch witness to the Spot Panchanama (Exhibit-25)and to the Inquest Panchanama of the dead body (Exhibit-26 ). PW 7 Ravikant tukaram Patil is an another Panch witness to the dead body, sickle (article 1)with blood stains, sample of earth. He had also signed along with the other Pancha Chandrakant Patil (Exhibit-28 ). PW8 Dattaram Janu Bhadenkar, a witness to the Panchanama was also declared hostile. He was a Panch witness to the Panchanama in respect of the clothes of Rekha and Vijay. PW 9 Balnath Sadashiv Mhatre is another Panch witness in respect of the stone which was used for sharpening the sickle. He was also declared hostile. PW10 Dr. Ajay Madhav godse is a Medical Officer attached to the Primary Health Centre, Pochambe, Taluks Alibaug and who had conducted the Post Mortem (Exhibit-34 ). This witness proved the cause of death and the injuries of the deceased Chandei Rani. This witness has also proved the cause of death because of haemmorhagic shock due to cut of major vessels of neck eg. carotid arteries and such that injuries such injuries could be possible by the weapon i. e. article 1. This witness has proved the head injuries of Sagar (Exhibit-34) and also proved the cause of death of Sagar due to intra cranial bleeding due to fracture assault over base of skull because of the said injury as reported and further proved that it could be caused by article 1 - sickle. PW11 Dr. Ajit Eknath Gavli, examined the complainant Kashimayan (Exhibit-37) and opined that such injury could be caused while snatching away the sickle from any other person. He had also examined the accused. The blood samples were also taken, which were sent to the Chemical Analyzer (Exhibit-38 ). PW12 Tarabai Chandrakant Patil is a neighbour who was declared hostile and who had made a statement to the Police that she had seen the accused assaulting his wife, children and servants with a sickle. PW13 Dr. Anil Shivling Phutane who had examined Rekha Tyanwar, Singham Tyanwar,vijay and Raju on 26th December, 1997 itself. This witness has proved the various injuries on the above witnesses and injured persons. PW14 Noor Mohamad Abdul Raheman Khan, the PSI of Police Station, Pen, who was attached to Alibaug Police Station on 26th December, 1997. This witness had recorded the incident, which was reduced into writing being FIR (Exhtbit-8) in quesnon. This witness also noticed that the accused was tied by a rope. This witness also substantiated the case of the prosecution in respect of the Inquest Panchanama (Exhibits 25 and 26), spot Panchanama (Exhibit-28), clothes of the accused (Exhibit-15) and Exhibits 53 to 68 which indude Chemical Analyzer's Report etc. All these witnesses, except those declared hostile (PW5, PW8 and PW12), substantially proved the case of the prosecution. No witness was examined by the accused. There is no eye witness in this matter.