LAWS(BOM)-2007-9-27

GIRISH PUJARI Vs. STATE OF MAHARASHTRA

Decided On September 28, 2007
GIRISH PUJARI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this Appeal, the appellant is challenging the judgment and order dated 3rd May, 2001 passed by the learned sessions Judge, Sindhudurg-Oros, whereby the appellant has been convicted for the offence punishable under sections 302 and 309 of the Indian Penal Code.

(2.) The brief facts are, that the appellant along with deceased Laxmi had gone to Sawantwadi on 23rd July, 1999 at about 11. 00 a. m. and had stayed in a hotel known as Renuka Lodging and boarding Hotel. The appellant had claimed that he was married to the said Laxmi and appellant had made an entry in the register of the said lodge disclosing his name as Girish Pujari and the name of the deceased as Sou. Seema. The owner of the said Hotel Mr. Jeevansingh Purohit, after necessary entry being made in the register had allotted Room No. 106 to the appellant and deceased Laxmi. The appellant and the deceased Laxmi had stayed in the hotel and had moved in and around sawantwadi Town for two days. On 25th July, 1999 around 9. 00 a. m. , the appellant had placed an order of two cups tea and the same was served by the servant of the lodge viz. Prakash Meghawal, to the appellant in the room.

(3.) Thereafter around 6. 30 p. m. when the said Prakash Meghawal was sweeping in front of the said Room No. 106, he heard some noise of cracking of glass, then immediately he knocked on the door of Room No. 106 and asked the inmates to open the door. However, the door was not opened. Immediately, the said Prakash Meghawal went and contacted the owner of the lodge viz. Mr. Jeevansingh, thereafter said Mr. Jeevansingh went to the hotel and when he knocked the room, there was no response. Hence, the owner Mr. Jeevansingh got suspicious and went towards the sajja of the window and peeped inside the room and he found a lady was lying on bed and the appellant was busy in causing self inflicted wounds on himself. Immediately, said Jeevansingh rushed to the Police station at Sawantwadi and reported the matter and the Police, after recording the same rushed to the lodge and the police gave a loud knock. The appellant after some time opened the door and he was trembling and was holding a piece of glass. It appears that he was also bleeding and there were blood stains on his shirt and the lady was found dead on the bed and she was also having bleeding injuries. The appellant was immediately taken to the hospital by the Police. There were blood stains on the garments of the lady as well as on the bed-sheet, pillow and there were glass pieces.