ARVIND NATHURAM VATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) NATHURAM Vatkar was married to Mangal on the death of his first wife. Ashwini, the complainant, is his daughter. Arvind who is the accused is the step brother of the complainant. Anil, ravindra, Arvind and Sagar are the four sons of Nathuram. The case of the prosecution is that the Appellant, together with his brothers Anil and Ravindra, resided in a village named Adhul in the district of Satara. The complainant, Ashwini, who resided in mumbai visited the village in May 2003. Anil, who was one of her brothers resided in the village with his wife Sonali. According to the prosecution, Sonali had an extra marital relationship with the appellant which was detected by the complainant during the course of her visit to the village. She returned to Mumbai in June 2003. Soon thereafter, the Appellant returned to Mumbai. On 28th august, 2003 the Appellant is alleged to have demanded money from his father Nathuram. Nathuram allegedly refused and in an altercation, at 4. 30 p. m. , he slapped the Appellant for the reason that he had developed an illicit relationship with Sonali. The appellant is alleged to have left home and to have returned well after midnight. The case of the prosecution is that at 1. 30 a. m. on 28th August, 2003 the Appellant got up and assaulted his brother sagar with a sickle. Following this he assaulted his step mother mangal again with the sickle. The Appellant is alleged thereafter to have asked the complainant to sit down upon which he allegedly stated that it was because of her that the family had come to know about his relationship with Sonali. The Appellant is alleged to have assaulted the complainant with a sickle and to have run away from the house after seriously injuring her on the neck and on the left cheek. The father was assaulted. A person by the name of Ansari was residing in a portion of the house as a tenant and he rushed the complainant and her brother to hospital. Mangal was taken to hospital in a police van and died as a result of the injuries sustained in the assault.

(2.) THE Appellant was committed to trial and was charged of offences under Sections 302, 307 and 324 of the Penal Code. By a judgment dated 18th February, 2005, the Additional Sessions judge convicted the Appellant of an offence under Section 302 of the Penal Code and sentenced him to suffer rigorous imprisonment for life; to a fine of Rs. 5,000/-and in default to suffer simple imprisonment for one year. The conviction is premised on the finding that the Appellant was guilty of causing the murder of his step mother, Mangal, on 29th August, 2003. The Appellant has also been convicted of an offence punishable under Section 307 for having attempted to commit the murder of his sister and brother and is sentenced to rigorous imprisonment for life. A conviction under Section 324 of the Penal Code has also been recorded in respect whereof the Appellant has been sentenced to suffer simple imprisonment for three months.

(3.) THE Appeal was instituted through the Kolhapur Central prison where the Appellant has been lodged. In order to enable the Appellant to defend himself, this Court appointed Ms. Indrayani koparkar to argue the Appeal on his behalf. We have heard the learned counsel for the Appellant and the learned APP for the state.