RAMESH BABURAO WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused-Appellant in this case has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as "I.P.C.") for having murdered the victim Chayya who was a minor. Being aggrieved by the judgment and order dated 11th December 2000 of the Sessions Judge, Thane in Sessions Case No.214 of 1998, the Appellant has preferred the present Appeal against the conviction under Section 302 and the sentence of rigorous imprisonment for life awarded to him.

(2.) WITH the assistance of the learned Advocate appointed for the Appellant and the learned Additional Public Prosecutor, we have scrutinized the record and the evidence available before us and we have no manner of doubt that the decision appealed against must be upheld.

(3.) THE prosecution case is based essentially on the testimony of the sole eye-witness Manisha PW2 who is the cousin of Chayya. She has unhesitatingly and vividly described the entire incident. According to her, while she was on her way to school, accompanied by her cousins Chayya and Tulsa, the Appellant followed them, overtook them and confronted Chayya. He questioned Chayya about her having complained to her father about him. He then pushed Chayya to the ground and stabbed her in the stomach and abdomen about seven to eight times. She has also stated that after mercilessly attacking Chayya, the Appellant tried to attack her. She, however, successfully warded off the blow with the aluminium school bag that she was carrying. The knife was wielded by such force by the Appellant that it pierced a hole in the lid of the aluminium school bag. This witness has also deposed that Chayya was removed to the hospital, in an autorickshaw hailed by Tulsa. The school Peon and a student of the school, who reached the spot on hearing the girls shouting accompanied the victim to the hospital. The Appellant, according to PW2, ran away from the scene.