CHESTER JOHN DCUHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant who has been convicted for the offence under section 302 I. P. C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- in default to suffer R. I. for four months by the Judgment and order dated 20th January, 1982 by the learned Additional Sessions Judge, Greater Bombay.

(2.) THE prosecution case briefly stated is as follows:---The accused had been charged for committing the murder of one Arjun Ghare the deceased who was the husband of the sister of the accused by name Delfin. The murder is stated to have been committed on 19-10-1980 at about 9. 00 p. m. at Dhobighat, Sonar galli, Kurla, Bombay where the deceased and the accused and their close relations were staying. The murder is said to have been committed by stabbing the deceased with a knife which is article No. 1 before the Court. It appears that two days before the incident in question deceased Arjun Ghare had assaulted his wife Delfin who is the sister of the accused and, therefore, she was having fever and went to live with her mother Roza P. W. 1. On the aforesaid date the deceased had gone to Rozas hut and apologised to her for assaulting her daughter. The accused had questioned the deceased as to why he had assaulted his sister Delfin and gave him fist blows. The accused thereafter put a lock on the hut of the deceased Arjun with a view to harass the deceased. The deceased had to go out to take his food in the afternoon. In the evening the deceased went to the house of Philomena Rodriques P. W. 5 to see a picture on the T. V. Thereafter around 8. 30 p. m. he demanded the keys of his hut from his wife P. W. 2 Delfin. That time accused came out of his hut and threatened the deceased and used abusive words. P. W. 2 Delfin who is the wife of the deceased and sister of the accused pacified the accused. The deceased Arjun told the accused that he would have to go and lodge a complaint against the accused with police if the latter did not open the lock of his hut. On this accused was enraged and assaulted the deceased Arjun by giving a blow on Arjuns chest with a knife. Deceased Arjun then started running towards Kurla village but after going few paces he fell down. Delfin P. W. 2 the wife of the deceased started crying and shouted for help. Hearing her shouts people from the locality came there including close relations like P. W. 1 Roza mother of the accused, P. W. 3 Rajendra, P. W. 4 Rubi and P. W. 5 Philomena. The deceased told them that the accused had stabbed him with a knife. The deceased Arjun was then taken in a taxi to the Sion Hospital by P. W. 1 Roza who is the mother-in-law of the deceased and P. W. 3 Rajendra and another sister of the accused by name Priseilla. Arjun was examined in the hospital in the casualty department. Thereafter he was examined in detail by Dr. Harikrishnan P. W. 13 who was the R. M. O. On examination he found incised wound "x" deep. Subsequently it was found that the wound was lung deep and major blood vessels were ruptured, bronchus was found and blood had collected in the chest. The lung tear was "long x 3" deep. There was lot of blood loss from the body of the victim and he ultimately succumbed to his injuries at about 10. 00 a. m. on 20th October, 1980. The post-mortem examination was performed by Dr. Narayan P. W. 15. The post-mortem examination report is Exhibit 33. The report stated that the deceased died due to left haemothorax with lung tear following stab injury.

(3.) THE Kurla Police Station received the message from Sion Hospital on telephone about the said incident and the condition of the deceased. Therefore Sub-Inspector Motilal Jadhav P. W. 12 went to the said hospital. They took charge of the blood stained clothes of the deceased, so also the carpet that was wrapped around the deceased which was stained with blood. Police also seized the keys, ring and coins which were found on the person of the deceased under the panchanama Exhibit 11. Sub Inspector Jadhav recorded the complaint of Roza P. W. 1 at about 10. 30 p. m. and thereafter investigation was taken over by Inspector Kadam P. W. 14. The inspector went to the scene of the offence and directed his staff to trace the accused and recorded statement of Delfin P. W. 2 wife of the deceased in the afternoon of 20-10-1980. Same evening the statement of P. W. 3 Rajendra who had accompanied the deceased in taxi to Sion Hospital along with Roza and of Philomena Rodrigues P. W. 5, the aunt of the accused were recorded. Accused was absconding and was traced on 23-10-1980 in village Gorai at Borivali when he was arrested by Police Constable Kashinath Nilankhe P. W. 9.