STATE OF MAHARASHTRA Vs. TRIBHUVAN BHAGWAN SHEKHADAR

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Maharashtra under Section 377 (1) Cr. P.C. for enhancement of sentence awarded to the appellant for an offence under Section 307 IPC vide judgment dated 5th December 1981 passed by the Additional Sessions Judge, Thane in Sessions Case No. 259 of 1981. By the aforesaid judgment the appellant has been sentenced to one year's RI and to pay a fine of Rs. 200/- in default of payment of fine to suffer RI for two months.

(2.) BRIEFLY stated the prosecution case runs as under :- Anupama Ashok Joshi PW-1 was married in the year 1974 and after marriage stayed with her husband at Bhusawal. Her marriage did not work out successfully. Her husband Ashok Joshi was addicted to drinking. He was first demoted from his post and later on dismissed. Ashok Joshi also used to beat Anupama. About two years prior to the incident she came for delivery to her parent's house. There she delivered a daughter. Her husband Ashok Joshi however did not come to take her back because he could not maintain her. Anupama had taken training of Compositor. Her brother asked her to come to Dombivli and work there. She worked for a period of about three weeks sometimes in September-October 1980 in Ajay Printing Press. The respondent Tribhuvan Bhagwan Shekhadar was also working as compositor in the said press. On Mr. Shahane was also working in the said printing press and the evidence is that he became friendly with Anupama. After staying for sometime with her brother. Anupama thought it proper to have a separate establishment. Consequently she secured a room in Shevantabai's building, Pandit Dindayal Marg, Thakurwadi, Dombivli. She came there on 1st February 1981. It is said that the respondent used to treat her like an elder sister. At the instance of Mr.Shahane, Anupama accepted the respondent as her guest on a paying guest system. The respondent used to take meals at her place. Sometimes later Anupama had taken job in Gurukripa Printing Press. One Shaligram Bonde PW-2 was also working in that press. Anupama also started serving meals twice a day to Bonde on a monthly payment of Rs.150/-, since about March or April 1981. On 5/5/1981 as usual the respondent came to Anupama's house for evening meals. He had meals with Anupama and her family members at about 8 or 8.30 p.m. Bonde came to Anupama's house for taking meals at about 10-15p.m. Respondent had left the house after taking meals and was standing at the corner of Anupama's house. He had accompanied Bonde when he went to Anupama's house for taking meals. At about 10.30 p.m. both of them left the house after taking meals. After about 10-15 minute. Bonde came back, banged the door of Anupama's house and asked her to open the same. He told her that the respondent had inflicted a number of knife blows on his person. The respondent also came there at the said time. Anupama got enraged and slapped him and asked him why did he assaulted Bonde. On that the respondent replied he had done so because Bonde had uttered some indecent words about her.

(3.) INSPECTOR Bhosekar sent the police van to bring Bonde who was lying injured at Anupama's house.