SHAILESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 21.12.2012 passed by the District Judge -4 and Additional Sessions Judge, Nagpur in Sessions Trial No. 367/2009 by which the appellant was convicted for the offence of triple murder and attempt to commit suicide under Section 309 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ -, in default, to further suffer simple imprisonment for one month, the present appeal was filed by the appellant.

(2.) THE appellant/accused was residing in Railway Quarter, Ajani -Nagpur with his wife Sulekha, son Akash and daughter Priya. He was working as a cook and was facing financial crisis. He used to remain disturbed. On 28.4.2009 at about 10:00 p.m. three to four persons from locality informed the complainant Sumit Kailash Sharma the neighbour of the appellant that in the house of Shailesh Shukla, the appellant, quarrel was going on and he was assaulting his wife and children. Sumit Sharma rushed to the house of the accused to find that the door of the house was closed from inside. Despite knocking the door, the accused did not open it. After some time he opened the door and the complainant and others found dead bodies of his wife Sulekha, son Akash and daughter Priya lying in a pool of blood inside the room with injuries on their neck and other parts of the body. The appellant was also having injuries on his neck. The complainant Sumit reported to the police and the police registered the offences under Sections 302 and 309 of Indian Penal Code. Usual investigation was conducted by the police and thereafter charge -sheet was filed. The trial commenced. When the trial Judge found after examination of some witnesses that the appellant was not in a fit mental condition, the trial Court sent him to Medical Board, which declared him unfit for trial and therefore, he remained in hospital for treatment. After some time he was found fit for trial and the trial recommenced. Having completed the 3 evidence, the trial Judge recorded his statement and finally convicted the appellant as above. Hence, this appeal has been filed.

(3.) PURSUANT to our order aforesaid, we have received the report from the Central Prison, Nagpur accompanied with the certificate from the Medical Superintendent, Regional Mental Hospital, Nagpur dated 5.8.2015 in which it is stated that the appellant was examined and after examination he is found to be fit to stand trial. We, thus, find that during the hearing of the appeal mental health of the appellant is sound. We, therefore, think that proper care has been taken by the trial Court as well as by us in the matter.