STATE OF MAHARASHTRA AND GOPICHAND UTTAMCHAND KESWANI Vs. GOPICHAND UTTAMCHAND KESWANI AND STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Additional Sessions Judge, Thane has convicted accused Gopichand Uttamchand Keswani for having committed murder of his wife Nirmala between the night of July 3 and July 4, 1983 in Barrack No. 862, Section 19, Camp No. 3, Ulhasnagar, and sentenced him to death, subject to confirmation of the same by this Court. Hence, Confirmation Case No. 1 of 1984 has been registered. The accused has also filed an appeal challenging his conviction and sentence and the same is registered as Criminal Appeal No. 307 of 1984. This judgment will dispose of the appeal as well as the confirmation case. The facts which gave rise to the Confirmation Case and the appeal may, in brief, be stated as follows :

(2.) The accused resided along with his wife-the deceased Nirmala in Barrack No. 862, Section No. 19, Camp 3, Ulhasnagar. They were married about 7 to 8 years prior to the date of the incident, i.e., July 4, 1983. One daughter by name Geeta was born to the deceased Nirmala out of the said wedlock. At the time of the incident, Geeta was aged about 6 years and was residing with her maternal uncle Pratap Hakikat Lalwani (P.W. 8) in the same locality. Relations between the husband and wife were not very happy. The accused used to drink and assault her. On June 7,1983, the deceased Nirmala made a complaint to the police that her husband, the accused, assaulted her merely because she asked for money for the household expenses. The said complaint is recorded as Ex. 30.

(3.) Jaya Vasu Nair (P.W. 1) and Lata Gopaldas Chainani (P.W. 2) were close neighbours of the deceased Nirmala. The deceased Nirmalas mother and brothers resided separately in the same locality in Camp No. 3, Ulhasnagar and it takes hardly about 10-15 minutes to reach to their house from the house of the deceased Nirmala. On July 4, 1983 at about 3.30 a.m. Jaya Vasu heard the shouts of Nirmala that she was burnt by her husband and, therefore she went to the house of the deceased. When she went near the hut of the deceased Nirmala, she found the door of the hut open. She further noticed that the deceased Nirmala was in the hut with blood flowing from upper part of the body. She claims to have seen the accused in front of his house at about 3-00 or 3-30 a.m. She however, did not enter inside the hut as perhaps she was bewildered. She at once decided to go to the house of Lata Chainani. She accordingly, went to the house of Lata Chainani and informed her about the incident. They decided that they should report the incident immediately to the mother of the deceased Nirmala, who was residing at some distance from them. They, accordingly, went to the house of the deceased Nirmalas mother and informed her about the incident. The mother of Nirmala along with her son Pratap came to the house of Nirmala, Jaya Vasu and Lata Chainani also came back to the house of the deceased Nirmala. They saw the deceased Nirmala in burnt condition sitting in the sink. They noticed one kerosene bottle (Article 1) and a brass Lota (pot) (Article 5). After some time, Prakash Lalwani (P.W. 9), the other brother of the deceased Nirmala, also arrived there. Pratap Lalwani asked Prakash Lalwani to get an autorickshaw. An autorickshaw was, accordingly, brought. Pratap Lalwani and Prakash Lalwani along with their mother, brought the injured Nirmala to the Central Hospital at Ulhasnagar, where she was examined by Dr. Prabhakar Ganesh Bhave (P.W. 5). It appears that somebody informed Head Constable Deshmukh about the incident and Deshmukh on his part informed Police Sub-Inspector Shankar Mahadeo Jadhav (P.W. 4) and Police Inspector Appa Madhavrao Patil (P.W. 10). It appears that in pursuance to this information, Police Sub-Inspector Jadhav left for the hospital. However, it may be observed here that the prosecution has not examined Head Constable Deshmukh. In our view, he should have been examined since it is he who appears to have given the first information to Police Sub-Inspector Jadhav and Police Inspector Patil. Be that as it may, there appears to be no doubt that immediately after admission of the deceased Nirmala in the Central Hospital, Police Sub-Inspector Jadhav reached there and recorded the dying declaration of the deceased Nirmala, which is recorded as Ex. 11. An arrangement was also made to call an Executive Magistrate. One Vithal Budhaji Sasani (P.W. 3), who is a Special Executive Magistrate, came and recorded the dying declaration of the deceased Nirmala on July 4, 1983 at about 8.35 a.m. It is Ex. 9.