RAJU WAMAN SALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.1000/-, in default of which to undergo further RI for 1 month, by 10th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai, by judgment dated 17.7.2008 in Sessions Case No.567 of 2007, by this appeal questions the correctness of his conviction and sentence.

(2.) Facts in brief, as are necessary for the decision of this appeal, may briefly be stated thus:

(3.) The prosecution case revolves around the testimony of three eye-witnesses namely PW-6 Mrs. Ashita Tham, PW-13 Renuka and PW-10 Niwas Singh. PW-13 Renuka minor daughter of deceased Kirti and the appellant deposes that she was residing along with the appellant and the mother of the appellant. At the time of incident, she was studying in the 5th standard at Gurunanak English High School while her brother was studying in third standard. Deceased Kirti employeed as maid-servant, while appellant was working as a driver. According to PW-13 Renuka on 27.3.2007 at about 8.30 am deceased Kirti had come to the house of the appellant and had requested the appellant to allow deceased Kirti to take Renuka alongwith her for attending pooja in her employer's house. The appellant refused to send PW-13 Renuka along with the deceased. The appellant took Renuka inside the house and latched the door from inside. At about 1 pm deceased Kirti had again come to the house of the appellant and took Renuka along with her for attending pooja at her employer's house. At that time, the appellant was not present in the house. At about 2 to 2.15pm when Kirti and Renuka were returning home, the appellant came there and questioned Kirti as to how she had taken Renuka along with her. Deceased Kirti replied that since there was pooja, she had taken Renuka along with her. The appellant then started abusing deceased Kirti. Deceased Kirti further questioned the appellant as to why she should not be allowed to take Renuka along with her as Renuka was her daughter. The appellant however picked up flooring tile from the spot and hit the deceased Kirti with the said tile. Deceased Kirti sustained bleeding injuries and thereafter appellant asked Renuka to come with him and made Renuka sit on the motorcycle. The appellant had also sat on the motorcycle. In the meanwhile, two police constables apprehended the appellant. According to Renuka she was taken by taxi to the police station and thereafter her mother was admitted in the G.T. Hospital. She has admitted that her clothes had also been seized as they were stained with blood.