MOHD. YASIN CHUTAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal is preferred by the Appellant challenging the Judgment and Order dated 13/11/2009 passed by the III Additional Sessions Judge, Thane, in Sessions Case No.71 of 2008 whereby the Appellant was convicted for having committed an offence punishable under Section 302 of the IPC and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/; and in default of payment of fine, to suffer rigorous imprisonment for six months. The Appellant was given benefit of set off under Section 428 of the Cr.P.C.

(2.) The prosecution case pertains to the murder of one Sheetal Kamtekar. Initially, the charge was also framed under Section 309 of the IPC but was later on dropped by the order dated 05/11/2009 and the Appellant faced the trial for commission of offence punishable under Section 302 of the IPC alone. According to the prosecution case, between the night intervening 8 th and 9th November 2007, the Appellant committed murder of the said Sheetal in Room No.10, of Gaurav Bar and Restaurant at Vajreshwari, Taluka ? Bhiwandi, District ? Thane. According to the prosecution case, both of them had checkedin the said lodge in the morning of 08/11/2009 and the incident took place at night. According to the prosecution case, the Appellant strangulated the deceased with odhani and then tried to hang himself with the said odhani and in the process, suffered some injuries on the head. The commotion was heard by the staff of the lodge. The police were informed, who reached at around 11.00 p.m. They broke open the door and found that the deceased was lying dead on the bed and the Appellant was lying injured and was in a heavily intoxicated condition. Apparently, the Appellant confessed to his crime and then he was taken for medical examination and subsequently was arrested. The FIR was lodged vide C.R.No.I 80/2007 at about 1.05 a.m. on 09/11/2007 by PC Pote who had reached the lodge and had seen that the deceased was lying on the bed.

(3.) During the trial, the prosecution examined 9 witnesses. PW 8 Dr. Jayashree Mhaske had issued certificate in respect of the injuries suffered by the Appellant. She had found 3 simple injuries. One of them was on the occipital region. Another abrasion was on the right eyebrow and there was a contusion on the right and left lateral side of the neck.