SIRAJ CHAND SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 18-5-1994, passed by the Sessions Judge, Thane in Sessions Case No.418 of 1991, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs.200.00 in default to suffer RI for two months, for an offence punishable under section 302 IPC, has come up in appeal before us.

(2.) IN short, the prosecution case is that the deceased Ranjana was a friend of Sangita, Parvati and Anjali, PWs 1, 2 and 3 respectively. All four of them were students of Pendharkar College in Dombivli. Since the house of Sangita was near the college, Ranjana, Parvati and Anjali had made it a practice to assemble there prior to going to the college. On 25-6-1991, Ranjana, Parvati and Anjali assembled at the house of Sangita, by about 12/12.30 noon. At about 12.30 noon, they left for the college. As soon as they had entered Dombivli Gymkhana ground, the appellant on a bicycle came from the opposite direction. He stopped his bicycle in front of them. He called Ranjana saying that he wanted to talk to her but Ranjana expressed a desire that she did not want to talk to him. However, later on she relented. The appellant asked Sangita, Parvati and Anjali to move ahead. After they had covered a distance of hardly 20 to 30 paces, they heard cries of Ranjana and when they turned back, they found the appellant inflicting blows with a knife on her. When they proceeded towards Ranjana, the appellant ran away on his bicycle. Sangita, Parvati and Anjali found that there were bleeding injuries, on the person of Ranjana, who was lying on the ground and saying "Shaikh, Shaikh." The evidence is that Sangita asked Parvati and Anjali to immediately bring a autorickshaw and after they had brought the same, and Ranjana was made to board it, Sangita along with Ranjana proceeded to Amrut Hospital which was situated near the place of the incident. While leaving, Sangita had told Parvati and Anjali to go to her house and inform her family members. The evidence of Sangita is that Ranjana was taken in the dressing room cum-operation theatre, in Amrut Hospital but, the doctor after attending to her, for 10 to 15 minutes, indicated that she be taken to the KEM Hospital. The doctor called for an ambulance and in the same, Ranjana was put. However, before the ambulance, could proceed, she succumbed to her injuries.

(3.) THE evidence shows that before Sangita could lodge her FIR at police station, Dombivli, at about 1 p.m. the appellant came to the said police station. His clothes were drenched with blood. On seeing appellant, Sangita identified him as the person who had assaulted Ranjana. He made a statement that as Ranjana had refused to reciprocate his love by refusing to marry him, he had killed her.