SOMWARYA RAGHUNATH BAJAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is the original accused. By an order passed by the 4th Additional Sessions Judge, Thane, on 22nd of July, 1992 in Sessions Case No. 262 of 1991, he has been convicted and has been sentenced to undergo imprisonment for life. The said order of conviction and sentence is impugned in the present appeal.

(2.) AT the trial, the accused was charged for offence under Section 302 of the Indian Penal Code for having, on the 11th of February, 1991, at about 11.00 p.m., out side the house of P.W. 1 Dashrath Zipru Bajage at village Kirwali (Amane), Taluka Bhiwandi, District Thane, committed the murder of Lahu Shivram Bajage by stabbing him at his chest and abdomen by a knife.

(3.) ON 11th of February, 1991 Dashrath was having his meals at his house at about 10.45 p.m. At that time the deceased Lahu Shivram Bajage came to his house. Lahu was residing at a distance of about 5 to 6 houses from the house of Dashrath. Lahu asked Dashrath what was prepared for the meals. Dashrath told him that he was having egg curry and fried fish. Lahu took a bit of the egg from his plate and ate it. He then went upstairs to meet P.W. 3 Ladubai, mother of Dashrath. After chitchating with her for two to three minutes he came down and sat at a pot in front of Dashrath. They were talking about varied family matters including the marriage of Lahu and his sister. At that time the accused Somwarya came to the house abusing. He asked Lahu and Dashrath whether they were talking about him. Lahu and Dashrath told him that they had no concern with him and they were not speaking about him. Inspite of this, accused continued abusing Lahu loudly. At this stage, Lahu went out of the house and stepped down from the Ota. When Lahu got down from the Ota the accused, all of a sudden whipped out a knife from his Lungi around his waist. With the said knife she inflicted three stab blows on the chest, abdomen and the left side of the lower abdomen of Lahu. Dashrath was at a distance of only three feet from the accused and Lahu at that time. Dashrath went ahead and Lahu embraced him in order to take support. Accused, in the meanwhile, ran away with the knife. Ladubai, on hearing the exchange of abuses hurled by the accused, came down from the first floor and was present at the time when accused stabbed Lahu. P.W. 8 Dayanand Narayan Bigadkar saw the accused running away at that time. While going the accused threatened him to see him. He also abused him. Dayanand went to his house and stayed indoors on account of fear.