DEEPAK REVACHAND TALREJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE above appeal is preferred against judgment and order dated 28th June, 2002 of conviction passed by the Additional Sessions Judge, Kalyan, in sessions Case No. 111 of 1998 sentencing the appellant, who was the accused in the trial Court, to life imprisonment for offence punishable under section 302 of the Indian penal Code for the murder of his wife and to pay a fine of Rs. 400/, and in default to suffer R. I. for two months. The appellant was also tried for offences punishable under section 498-A and section 201 of the indian Penal Code, in respect of which the appellant was discharged, as no evidence was found on those counts by the trial Court.

(2.) THE prosecution's case in a nutshell is thus. The victim Heena @ Kavita Deepak talreja (hereinafter called the deceased')and the appellant were husband and wife and were married some time in the year 1994 and were residing at 706, 7th Floor, dream Land Apartment, Gol Maidan, ulhasnagar. It was a love affair which culminated into marriage between the appellant and the deceased. After marriage, the appellant husband ill-treated the deceased and used to consume liquor and also beat her as the deceased did not conceive and did not give birth to a child. The appellant would also to demand money from the deceased and gamble and the deceased had informed her brother Prakash Bhojwani (PW1) about the ill-treatment at the hands of the appellant. On the day of fateful incident i. e. 4-2-1998, between 00. 00 Hrs and 5. 00 Hrs the appellant committed the murder of the deceased, who was his wife, by strangulating her with a dupatta. The appellant went to Dr. Naresh T. Hemnani (PW3) who came to the flat and examined the deceased and did not notice any pulse or heart beat and noted that the deceased had died and also prepared a certificate that he found no pulse or heart beat or perspiration and declared the deceased to be dead and also informed the appellant to call for his regular family physician and to inform the police. Thereafter at about 5 a. m. the appellant made a phone call to Prakash bhojwani PW1, the brother of the deceased and told him that the deceased was not feeling well. PW1 alongwith his wife rushed to the flat of the couple where the deceased and the appellant were residing and found that the deceased was lying on the cot in an unconscious state. PW1 tried to wake her up, but the deceased did not respond and PW1 realized that she was dead. The appellant told PW1 that the deceased has committed suicide by hanging from the ceiling fan with the aid of a dupatta, which was found at the scene of the crime. PW1 did not believe the appellant and he called his parents to the house of the appellant.

(3.) THE police recorded the complaint of pw1 against the appellant which was converted into FIR. From the scene of the crime the aforesaid dupatta, one steel box and one belt was also found. The police carried out the Spot panchnama and inquest panchnama and seized the incriminating articles and arrested the appellant. The body of the deceased was sent for autopsy. The appellant was referred for medical examination to Dr. Sunita S. Jagtap, PW6, at the central Hospital. Blood samples, clothes and nail clippings of the deceased and the appellant were also sent to Chemical Analyser. After the entire investigations were carried out, including the recording of the statements, a charge-sheet came to be filed against the appellant. The case was thereafter remitted to the Court of Sessions and the appellant pleaded not guilty and claimed to be tried, on a charge being framed by the sessions Court.