ARVIND KANJIBHAI RAJPOPAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 30/3/2022, passed by learned Additional Sessions Judge-6, Nagpur, whereby the learned Judge convicted the accused for the offences punishable under Ss. 307 and 201 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 5 (five) years and to pay fine of Rs.3,000.00 (Rupees three thousand only) and in default to suffer further SI for 6 (six) months ; and to suffer rigorous imprisonment for one year, respectively.

(2.) BACKGROUND FACTS A crime was registered on the basis of the statement of PW2 Sneha Ashutosh Thete, who is the sister-in-law of injured Bhavna Arvind Rajpopat (PW3). The case of the prosecution, which can be gathered from the first information report (Exh.10) is that injured Bhavana (PW3), prior to her marriage with the appellant, was married with one Dharampal Goyal, resident of Bhopal, in 2005. Her daughter Unnati was begotten from the said wedlock. After the birth of daughter Unnati, divorce took place between Bhavna (PW3) (referred to as injured) and her first husband. The injured was married with the appellant. The appellant is a resident of Bhavnagar in the State of Gujarat. After marriage, the injured went with her daughter Unnati to stay with the appellant at Bhavnagar. From the said wedlock, one son Nirbhay was begotten to the injured. The appellant was jobless. They were having financial problems and difficulties. Besides, the appellant was addicted to gambling. On account of this, discord developed in their married life. The injured, along with her two children, returned back to Nagpur and started residing with her mother. The appellant also followed her and started residing at Nagpur. After few days, the appellant made his separate arrangement for residence at Nagpur. He got engaged himself as a street vendor for his livelihood. The injured was residing with her mother. The appellant would frequently visit the residence of the injured to meet his son Nirbhay. It is stated that on the fateful day i.e. 5/12/2020 at about 4.30 p.m., the appellant came to the house of the injured and carried Nirbhay with him. He gave him chocolates and spent some time with him. Thereafter, the appellant dropped Nirbhay at the house of the injured and went away. The appellant returned after a few minutes and insisted to meet his son Nirbhay. The daughter of the injured, namely Unnati, told him that Nirbhay was sleeping. Unnati informed the appellant that Nirbhay would come out of the house and then he should meet him. At that time, there was exchange of harsh words between Unnati and the appellant. The appellant told Unnati that she should not intervene in the dispute between him and the injured, as she was totally stranger to their family. The appellant slapped Unnati twice.

(3.) The injured (PW3), after hearing the altercation, came out of the house and tried to bolt the gate. It is stated that at this very moment, the appellant assaulted the injured with a pointed weapon. He inflicted the blows with the weapon on her stomach, shoulder, back, legs and chest. The injured made hue and cry. The sister-in-law of the injured, by name Sneha (PW2), came out of the house and saw that the appellant was assaulting the injured. PW2 questioned the accused as to why he was assaulting the injured, on which the accused threatened her to get away from the spot, otherwise he would kill her as well. Thes injured (PW3) sustained multiple bleeding injuries and she became unconscious. The appellant fled from the spot. After hearing the hue and cry made by Sneha (PW2), the neighbours Kishor Wankhede and Shubham Pansare came to the spot. They took the injured to Mayo Hospital, Nagpur for treatment. She was admitted in the hospital. PW2 was with the injured. On receipt of the information, police came to the hospital and recorded the statement of Sneha (PW2) in the hospital.