HEMANT MHASU AWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer life imprisonment as also to pay a fine of Rs.5,000/-. The Appellant has also been convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-. Both the sentences are to run concurrently.

(2.) The prosecution contends that the victim Anita had returned home to Nashik from Mumbai where she was working as a maid servant. She had returned home to celebrate the Diwali festival. On 10th November 1999, between 7.00 and 7.30 p.m., Anita and her younger sister Tejashree went to their uncle, Nimba Pawar's house for observing the "bhaubeej" ceremony. The house of Nimba Pawar was at a distance of 150 to 200 feet from Anita's house. While returning home, the Appellant Hemant accosted Anita and insisted that she marry him. When Anita refused, the Appellant threatened that since she did not agree to marry him, she would not be able to marry anybody else. So saying, the Appellant stabbed Anita in the stomach with a knife. Anita's parents and NImba Pawar removed her to the hospital of PW7. She was directed to be taken to another hospital where better facilities were available so that proper treatment could be administered to her. She was, therefore, taken to the hospital run by PW8. However, PW8 directed her relatives to take Anita to the Civil Hospital, Nashik. On their arrival at the Civil Hospital, the Doctor who examined Anita, declared her dead. A complaint was lodged with the police station and an inquest panchanama and spot panchanama were drawn. Anita had informed her mother and the others who were taking her to the hospital that the Appellant had stabbed her since she refused to accede to his demand to marry him. The Appellant was therefore arrested. The blood stained knife was recovered from him. The Appellant was charged for having committed the murder of Anita. The case was committed to Sessions for trial.

(3.) The prosecution has examined fifteen witnesses. PW1 is the panch witness who has deposed regarding the seizure of the blood stained clothes and the knife from the Appellant. PW5 is the panch witness who has proved the spot panchanama. PW6 is also a panch witness, but this witness has turned hostile.