RAJESHKUMAR @ RAJESH MANGALU PASWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has preferred this appeal against the Judgment dated 18 and 21st February 2005 whereby the court of Sessions for Greater Mumbai in Sessions Case No. 1104 of 2000 was pleased to convict the accused of the offences punishable under Section 302 of the Indian Penal Code as also Sections 392 and 397 of the Indian Penal Code. The incident took place on 14.08.2000. The deceased Smt. Indiraben Shah was found dead at Building No. 138 B, Room No. 8, Chandanwadi, C.P.Tank, Mumbai. It was the case of the prosecution that the appellant, who is accused, on 14.8.2000 between 16 to 18 hrs. committed murder of the deceased by stabbing her with knife and also committed robbery of gold ornaments and cash.

(2.) The evidence on record, shows that the appellant was working with Jaisukhlal Talakchand Shah, P.W. No. 1. On 14.08.2000 between 5.45 and 6.00 p.m. rang his house and found an engaged tone. He came to the house at 6.15 p.m. and found it was locked. Even though after ringing the door bell, the door was not opened, he then opened it with a key which was with him and entered the house. He saw blood stains at the kitchen platform and found his wife lying in the room facing towards roof in a pool of blood. The household articles were disturbed. He shouted and informed one Pravin Shah. Somebody informed the police station. P.W. 1 thereafter lodged a complaint with the police which is at Exh.

(3.) The doctor who carried out post mortem was not examined. However, from the record, we find that the post mortem report has been exhibited as Exh. 34 and taken on record as defence had no objection for the same. The post mortem report would show that the deceased died due to haemorrhage and shock due to multiple stab injuries. Various injuries have been described. It will thus be clear that the death was homicidal.