RAMESH NARAYAN KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/Accused has taken exception to his conviction in Sessions Case No. 840 of 2004, for an offence punishable under Section 302 of I.P.C. awarding him sentence to suffer imprisonment for life, by order dated 3rd August 2005, of the Additional Sessions Judge, Greater Bombay. The facts in brief are as under :-

(2.) The accused claimed to be in love with the victim Vanita Srirang Bobade aged 19-20 years old. The love affairs did not yield its result as the victim and her mother did not approve the marriage proposal, causing annoyance and a feeling of vengeance in the mind of accused. On 7.6.2004, at around 7.20 p.m. the Police Staff, Raju S. Dhotre (Head Constable 14411) A.S.I. Gosavi (Head Constable), Deepak Ambre (S.I.1985) with Police Constable Umakant Shahaji Shirke were on duty at Nath Pai Police Chowky, one person hurriedly informed them, about a female lying in severely injured condition at the foot path of the Society road in front of Nilesh Building. The Police party rushed to the place and found that the injured was in a unconscious condition having bleeding injuries at her left side of body. Her clothes were stained with blood. The members of the public had apprehended the accused. The knife by which the victim was assaulted was lying. Considering the gravity of the matter, the Police party took victim to nearby Dr. Kulkarni's Hospital for medical treatment while one of the Police staff remained at the spot and performed panchnama, public controlled the accused and brought him to Jogeshwari Police Station. At Dr. Kulkarni's Hospital on examination, the medical officer declared victim dead before admission.

(3.) After charge-sheet, the matter was committed to Sessions Court, charge below (Exhibit '3') was explained to the accused. The accused challenged the same by his plea at (Exhibit '4'). By virtue of Section 294 of Criminal Procedure Code, the defence was called upon to admit/deny the genuineness of the documents. The defence admitted in quest panchanama dated 7.6.2004 (Exhibit '6'), panchanama of clothes of deceased (Exhibit '7'), house search panchanama of the accused dated 12.6.2004 (Exhibit '8'), School Leaving Certificate of deceased issued on 15.4.1993 (Exhibit '9') which showed that she was born on 7.12.1987.