RAMESH ARJAN THADANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard Mr. Adhik Shirodkar for the applicant and Mr. D. A. Nalawade, APP for the State of Maharashtra at some length.

(2.) THIS is an application for bail on behalf of the applicant Ramesh Arjan Thadani who has been charge-sheeted for offences punishable under section 498-A and 302 of the Indian Penal Code. The deceased in the instant case is one Dr. (Mrs.) Sunita, admittedly the own wife of the applicant.

(3.) THE case of the prosecution runs as follows: -On 25th February 1993 the applicant and the deceased were married. In the marriage the parents of the deceased spent something to the tune Rs. 2,30,000/- to Rs. 2,50,000/ -. The couple had their honeymoon in Shalimar Hotel, Bombay, and for the same payment was made by the parents of the deceased. The applicant wanted a new kitchen cabinet and the mother of the deceased paid Rs. 18,000/- for the same. For the purchase of a car, the applicant took about Rs. 5,000/- from her. The applicant had threatened the deceased that in case she could not arrange for Rs. 1,400/- in order to make payment for an electrical bill, she would not be allowed to stay in the house. On 4th May 1994, the applicant demanded Rs. 10,000/- for the payment of Municipal Taxes and Rs. 2,500/- for the payment of Wealth Tax, from the deceased. The applicant had also asked the deceased to at Rs. 38,000/- from her parents so that the necessary repairs of the house could be carried on. According to the prosecution, the applicant had an insatiable lust for money and a never ending set of demands. The applicant used to threaten the deceased that he would not allowed her to enter the house and would commit suicide, if his demands were not satisfied. It was this insatiable greed and lust for money of the applicant and his never ending demands which were incapable of fulfillment by the mother of the deceased which led to the murder of the deceased. On the question of demands, the statements of some witnesses, including Mrs. Rani Baldev Shroff, the mother of the deceased, have been recorded by the investigating agency. It is the common case of the parties that the applicant is employed in Reliance Industries at its Head Office at Maker Chamber - IV, 5th Floor, Narriman Point, Bombay 400021. According to the prosecution on 5th May 1994 at about 10. 10 a. m. when witness Satish P. Sheth, the Superior Officer of the applicant, came in the office he found him working. The applicant is alleged to have told him that for about half an hour he would like to go home. Thereafter, the applicant is said to have left for his home situated in Patel Towers at Worli. At about 11. 15 a. m the applicant reached the aforesaid building and asked the watchman Suryakant S. Tendulkar, who knew him and the deceased from before the incident, as to whether madam was at home. Tendulkar is alleged to have replied in the affirmative. Thereafter, Tendulkar dropped him by the lift on the 8th floor of the building where his flat was located. At that time he found the flat to be closed. Immediately, without ringing the bell outside the flat, he took out a key from his pocket and opened the door of his flat with it. Tendulkar saw the applicant closing the door of the flat. Thereafter, Tendulkar came down on the ground floor. After sometime, he heard that in a desperate tone somebody was calling him, twice or thrice, by name, saying Tendulkar come up. Tendulkar come up. T Tendulkar is alleged to have identified the voice as that of the applicant and consequently by the lift went to the 8th floor where the flat of the applicant was located. At that time, he found the applicant standing at the door of his flat. He told Tendulkar that the throat of his wife had been cut and she was lying in the kitchen. Tendulkar immediately went inside the kitchen and saw Dr. Sunita (the decesased) who was still alive, lying on the ground, with a major visible bleeding injury in the region of her throat Her body was jerking and her heart was throbbing a little. At that time the applicant asked Tendulkar to get a taxi. It is said that Tendulkar went and reported the matter to his Mukadam Akrambhai and also to the liftman Mohite. Mohite took the lift to the eight floor of the building where the flat of the applicant was located. Thereafter the applicant along with his injured wife Sunita came down by lift. Hasmukhabhai, Jalilbhai and Mohite helped him in bringing out Sunita from the lift. In the meantime a taxi came. On it the applicant and Hashmukhbhai took Sunita to Nair Hospital. On reaching Nair Hospital, Sunita was found to be dead by the doctor.