SHYAM DAMODAR INCHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is preferred by the original accused in Sessions Case No.448 of 2013 before the learned Additional Sessions Judge, Greater Mumbai. Vide his Judgment and order dtd. 11/5/2017, the learned Judge convicted him. The case involved commission of murder of two victims Seema Inchal and Rajendra Rane. Seema was the appellant's wife and his friend. At the conclusion of the trial, the Appellant was convicted for commission of the offence punishable U/s.302 of the I.P.C. under two separate heads for committing two murders. For each of these heads, he was sentenced to suffer life imprisonment and to pay a fine of Rs.10000.00 and in default of payment of fine to suffer S.I. for six months. He was also convicted for commission of offence U/s.324 of the I.P.C. for causing injuries to one Mitesh and for that offence he was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000.00 and in default to suffer S.I. for one month. The sentences were directed to run concurrently. He was given set off U/s.428 of the Cr.p.c.

(2.) The prosecution case, in short, is that the Appellant was suspecting that there was illicit relation between Mitesh and the Appellant's wife. On 7/1/2013, in the afternoon, the Appellant called Mitesh to his house. The second victim Rajendra happened to accompany Mitesh to the appellant's house. The Appellant questioned Mitesh and his own wife about the relationship. The quarrel took place and it is alleged that the Appellant stabbed his wife multiple times. He also stabbed Rajendra multiple times. But he allowed Mitesh to escape. Mitesh went to the police station. He was followed by the Appellant. The Appellant was carrying the murder weapon. He was arrested. His clothes and the weapon were seized. In the meantime, the police on the patrolling duty were informed. They went to the spot and removed the victims to the hospital. The F.I.R. was lodged vide C.R.No.11 of 2013 at Sakinaka police station, under Sec. 302 and 307 of the I.P.C. against the Appellant for committing murder of Seema and Rajendra and also for committing the offence U/s.307 of the I.P.C. for causing injuries to Mitesh. The investigation was carried out and the charge-sheet was filed. The case was committed to the Court of Sessions.

(3.) During trial, the prosecution examined 17 witnesses including the injured Mitesh, the Appellant's daughter, the pancha witnesses, the Medical Officers, the victim Seema's father, the victim Rajendra's wife and the police officers. The defence of the Appellant, as is reflected from his examination U/s.313 of the Cr.p.c., was of total denial. The Appellant examined Head Constable Shivaji Malgunde as DW-1 to prove that he himself had suffered injuries in the offence.