ABDUL EHADALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 15/9/2018, passed by the Additional Sessions Judge, for Greater Bombay in Sessions Case No.123 of 2014. The Appellant was the only accused before the Court. At the conclusion of the trial, the learned Judge convicted the Appellant for commission of offence punishable under Sec. 302 of Indian Penal Code (hereinafter referred to as, "IPC", for short) and sentenced him to suffer life imprisonment and to pay fine of Rs.1,000.00, and in default to suffer simple imprisonment for one month. He was granted set off under Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as, "Cr.P.C.", for short) for the period he had spent in custody, as an under trial prisoner.

(2.) Heard Mr.Ratnesh Dube, Advocate for the Appellant and Mr.Vinit A. Kulkarni, APP for Respondent -State.

(3.) The prosecution case is that the Appellant was having strained relations with his wife Aliya. Because of their frequent quarrels, some times, she used to leave his company and used to visit her sister in Mahim. The Appellant and his wife Aliya used to reside in a small room at Cuffe Parade. On 21/10/2013, there was one more quarrel between the Appellant and his wife Aliya. It is the prosecution case that the Appellant committed the murder of Aliya by strangulation. He left the dead body in his room, which was on a mezzanine floor. He then made a show of searching for her and then absconded to West Bengal. One of the persons who was residing below his room noticed some blood trickling down from the first floor. She got alarmed. She called the neighbours. They proceeded to the Appellant's room and found Aliya lying dead inside. The police were informed. They came to the spot. One of the neighbours gave his FIR. The spot panchanama and the inquest panchanama were conducted. The dead body was sent for postmortem examination on 23/10/2013 in the afternoon. The postmortem examination shows that she had died due to strangulation. There were other injury marks on the dead body. The accused was not seen anywhere in the vicinity. He had absconded. The police formed a team that went to the Appellant's native place at West Bengal. He was arrested from his native place on 28/10/2013. Transit remand was taken and then he was brought to Mumbai. His arrest panchanama was conducted on 30/10/2013. During his search, a train ticket from Chhatrapati Shivaji Maharaj Terminus (CSMT) to West Bengal dtd. 23/10/2013 was seized. His medical examination shows that there were some injuries, which according to the Doctor, were caused within past 10 to 15 days. All the circumstances pointed to his guilt. The investigation was carried out. He showed willingness to produce the clothes he was wearing at the time of the incident. He, alongwith the police and the panchas went to his room, from where, his clothes were seized by the police. All the articles were sent for CA examination. At the conclusion of the investigation, charge sheet was filed and the case was committed to the Court of Session.