BASHIR SULTAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from the order of conviction and sentence passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No.1140 of 2000 and by the said order dated 2.1.2003, the appellant accused has been convicted for an offence punishable under Section-302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer further R.I. for 15 days on account of causing the murder of his separated wife Ruksana on 1.7.2000.

(2.) The deceased was the wife of the accused and from the said marriage they begot four children. However, due to the alleged acts of violence and ill-treatment by the accused, the deceased had started staying away from the accused and joined her mother at her house. The incident occurred on 1.7.2000 at about 1.15p.m. in front of the pan shop and liquor shop of the P.W.No.2 who had known the deceased as she was working as a maid servant in his house. The deceased had come to the shop of the P.W.No.2 for purchasing betel-nuts and on collecting the same she was going back and was caught hold by the accused who brought her back to the shop of P.W.No.2 within about five minutes by holding her hands. He assaulted her with knife and he inflicted more than one assaults, as a result of which the deceased Ruksana fell down on the street and the accused ran away. One school boy gave a message to the mother of the deceased in her house in the nearby locality and consequently, P.W.No.3 Rehambi -the mother of the deceased and P.W.No.4 Bilkis Banu- a neighbour of P.W.No.3 came to the place of scene. Ruksana was taken to the Kapoor Hospital, where she was declared dead. The dead body was sent for post mortem and P.W.No.11 Dr. Prakash Maruti Shinde, Medical Officer attached to the Kapoor Post Mortem Centre conducted the autopsy on 2.7.2000 between 9 to 10a.m. He signed the post mortem report at Exh.38 collectively and recorded the probable cause of death as "haemorrhage and shock due to perforation of vital part (un natural)". In the mean while, on account of the telephonic information given by the P.W.No.1 Jafar Ismail Shaikh a Reporter, the police came to the scene of offence. The complaint was filed by P.W.No.4 Bilkis Banu and came to be registered as F.I.R. Exh.13. P.W.No.9 Ganpat K. Sawant undertook the investigation and on completion of the same, he submitted the charge sheet. The C.A. reports at Exh.30 and 31 collectively were received by the Investigating Officer in respect of the clothes of the deceased, knife used for assaulting the deceased as well as the clothes of the accused.

(3.) The prosecution examined in all 11-witnesses and P.W.No.2 Muniraj Jain came to be examined as the eye witness. P.W.Nos. 3 to 7 are the relatives and neighbours of the deceased who arrived at the scene of offence after the incident had taken place. The spot panchanama Exh.18 was admitted by the defence and P.W.No.8 Vilas Harishchandra Sawant was the police constable on duty at Kapoor Hospital on 1.7.2000 when the deceased was admitted and accordingly he had made entry in the A.D. Register and sent the deceased to IC Unit. The ADR extract is at Exh.20. It is claimed to be as per the statement given by P.W..W.No.3-the mother of the deceased and marked as Exh.20, has been admitted by the defence. The accused was taken in custody on 1.7.2000 and the arrest panchanama at Exh.21 was also admitted. In addition to the eye witness P.W.No.2, the prosecution case is based on dying declarations made to P.W.No.4 Bilkis Banu and the evidence of expert witness.