KUMARAN SUBBIYA KONAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 28/4/2022 passed by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.534/2015. The Appellant was convicted for commission of the offences punishable under Sec. 302 of IPC and under Sec. 37 read with 135 of the Maharashtra Police Act. For the offence punishable under Sec. 302 of IPC, he was sentenced to suffer life imprisonment and to pay a fine of Rs.1,000.00 and in default to suffer RI for six months. For the offence punishable under Sec. 37 read with Sec. 135 of the Maharashtra Police Act he was sentenced to suffer RI for six months and to pay a fine of Rs.500.00 and in default to suffer SI for one month. All the substantive sentences were directed to run concurrently. The Appellant was arrested on 1/4/2015 and since then he is in custody. He was granted set off under Sec. 428 of Cr.P.C..

(2.) Heard Mr. Veerdhawal Deshmukh, learned appointed counsel for the Appellant and Ms. Sharmila Kaushik, learned APP for the Respondent-State.

(3.) The prosecution case is that the deceased Kajal was earning her livelihood through prostitution. The Appellant was interested in her, but, she showed interest in one Kamal Bahadur Singh. The Appellant was against that relationship and out of jealousy he committed her murder on 31/3/2015 at about 9.15 p.m. in Kamathipura area in the presence of the eye witnesses. He slit her throat with a knife and fled away from the spot. The FIR was lodged by a friend of the deceased vide C.R. No.140/2015 at 10.10 p.m. at Nagpada police station, Mumbai. The Appellant was named in the FIR. The investigation commenced. He was immediately arrested in the night itself. The statements of the eye witnesses were recorded. The dead body was sent for postmortem examination. At the instance of the Appellant, a knife was recovered. The articles were sent for Chemical Analysis. At the conclusion of the investigation, the charge-sheet was filed and the case was committed to the Court of Session.