RAUF Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant - original accused has preferred this Appeal against the judgment and order dated 14th October, 2011 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.457 of 2009. By the said judgment and order the learned Sessions Judge convicted the Appellant under Sections 302 and 309 of the Indian Penal Code. For the offence punishable under Section 302 of the Indian Penal Code, the Appellant was sentenced to suffer imprisonment for life and for the offence punishable under Section 309 of the Indian Penal Code, the Appellant was sentenced to suffer imprisonment for two months. The learned Sessions Judge directed that both the substantive sentences of imprisonment shall run concurrently.

(2.) The prosecution case briefly stated is as under : Deceased Parveen was the wife of the Appellant. The Appellant and Parveen had four children i.e. Akib, Askan, Aman (P.W.9) and Muskan. The Appellant along with his wife Parveen and four children were residing in Room No.305 in Bharat Nagar at Bandra (East), Mumbai. The Appellant was working as a wireman and his wife Parveen used to do housework. Aman was studying in the 3rd standard at the time of the incident. The school timing was from 12 p.m. to 5 p.m. On the day of the incident at about 11.30 a.m. Aman went out to play with his sister Muskan. At that time the Appellant and his wife Parveen were at home. Aman came back home with his sister after half an hour and he found the door of the house was closed. As the school timing was from 12.00 p.m to 5.00 p.m., Aman knocked on the door, but the door was not opened. Aman then knocked loudly on the door. P.W.4 Kanija who was residing upstairs on the mezzanine floor came down. She also knocked on the door. At that time Aman through the gap in the door saw that his father (Appellant) had kept one hand on the mouth of his mother and in the other hand the Appellant was holding a knife. Aman shouted loudly. Thereupon people gathered. The Appellant then opened the door and came out. The Appellant then caused injury to himself on the stomach with a knife. He threw the knife in the house and tried to run away. P.W.4 Kanija lodged First Information \Report. Thereafter investigation commenced. The dead body of Parveen was sent for postmortem. P.W.7 Dr. Savardekar performed the postmortem on the dead body of Parveen. Dr. Savardekar found in all 20 injuries on the body of Parveen. Most of them were stab wounds on various parts of the body including the chest. On completion of investigation, charge-sheet came to be filed.

(3.) Charge came to be framed against the Appellant under Sections 302 and 309 of the Indian Penal Code. The Appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the Appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph 1 above, hence, this Appeal.