GIRISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein has preferred this appeal being aggrieved by the order of conviction and sentence passed by the learned Ad-hoc Additional Sessions Judge, Nandurbar, in Sessions Case No.1 of 2005, decided on 16/01/2006. The appellant is convicted of an offence punishable under section 302 of Indian Penal Code (for short "I.P.C.") and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.500/- (Rs.Five Hundred), in default to suffer rigorous imprisonment for one month.

(2.) Briefly stated the prosecution case is that deceased Mukesh Chotulal Jaiswal was running an hotel at Nawapur. The appellant was working as servant with deceased Mukesh. On 16/11/2004 wife of Mukesh, P.W.No.6 Chandrakalabai, had gone to Dhule for treatment. Children of deceased and Chandrakalabai (PW 6) were at the house of P.W.No.5 Rajendra Jaiswal who is brother-in-law of the deceased. Deceased Mukesh alone was at the house. He was residing on the first floor and the hotel was on the ground floor. P.W.No.7 Ratilal Gangaram Jaiswal is neighbour residing on the opposite side of the hotel.

(3.) It is prosecution case that on 16/11/2004 P.W.5 Rajendra Jaiswal supplied food for two persons at about 8.00 p.m. as deceased Mukesh had told him to send food for two persons namely himself and his servant appellant Girish. Thereafter the hotel was closed. P.W.No.7 Ratilal saw appellant leaving the hotel at about 11.30 p.m. At that time P.W.No.7 Ratilal had asked the appellant where he was going. The appellant told him that his master had gone to sleep in the house and he was going to his house. On the next day morning the hotel was not opened at 5.30 a.m. as usual and, therefore, some persons contacted P.W.No.5 Rajendra Jaiswal, the brother-in-law of deceased, and P.W.No.1 Jitendra Jaiswal, the brother of the deceased. Both of them came at the house of the deceased, went into the house and found that deceased Mukesh was lying dead on a cot. An axe was lying under the cot. There were injuries on the head and other parts of the deceased. Immediately P.W.No.1 Jitendra informed police at Nawapur Police Station stating that some unknown person has committed murder of deceased Mukesh. Police Inspector Deoraj (P.W.8) recorded the complaint, registered offence and proceeded to the spot. There he saw the situation. He prepared inquest panchanama. He sent the dead body for post mortem . He drew spot panchanama and seized blood stained axe, samples of blood stained earth and simple earth, the blood stained pillow cover, one pair of chappal which was lying. He gave message to Fingerprint Expert and Dog Squad. Thereafter he arrested appellant Girish on suspicion. The appellant discovered his blood stained clothes and also a cash bag which was subsequently identified by the wife of deceased, Chandrakalabai (PW 6), as belonging to them. Police also recorded statement of Ratilal Jaiswal (PW 7) who had seen the appellant leaving the hotel of deceased at about 11.30 p.m. Finally charge sheet was sent. The evidence against the appellant is necessarily of circumstantial nature.