MANISH NARESH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal, the Appellant has challenged the Judgment and Order dated 04/03/2014 passed by the learned Additional Sessions Judge for Greater Mumbai, in Sessions Case No.685 of 2007. By the impugned Judgment and Order, the Appellant was convicted for commission of offence punishable under Section 302 of the IPC and was sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/ and in default of payment of fine, to undergo R.I. for one month. The Appellant was also convicted for the offence punishable under Section 3 read with 25 of the Indian Arms Act and was sentenced to suffer R.I. for one year and to pay fine of Rs.250/ and in default of payment of fine, to suffer R.I. for one month. The Appellant was further convicted for commission of offence under Section 4 read with 27 of the Indian Arms Act and was sentenced to suffer R.I. for three years and to pay fine of Rs.500/ and in default of payment of fine, to suffer R.I. for one month. All the substantive sentences were directed to run concurrently.

(2.) This is another case of a love affair going terribly wrong.

(3.) The registration card mentioned the word 'Navy' and therefore, the police focused their investigation on the suspect working with Navy. The Naval Officers at Mumbai informed their counterparts in Goa at INS Hansa. The Appellant was found present in his Russian language class on 15/05/2007, from there he was detained by the Naval Officers. His personal belongings were also taken charge of under inventory. The Officers of MIDC Police Station, Andheri, Mumbai, went to INS Hansa along with Officers of Vasco Police Station and took charge of the Appellant. On 17/05/2007, the Appellant's custody was handed over to the Police Officers of MIDC Police Station. On 17/05/2007 itself the clothes which were allegedly worn by the Appellant at the time of the incident, were recovered at his instance from Room No.P/11. During investigation, statements of various witnesses from Mumbai as well as from Goa were recorded. On 20/05/2007, the Appellant made a statement under Section 27 of the Evidence Act expressing his willingness to show the place where he had concealed the countrymade gun, revolver and cartridges used in the crime. The police and panchas reached INS Hansa on 21/05/2007 at 7.00 a.m. and those weapons were recovered from the roof of terrace of a building in INS Hansa. On 26/05/2007 again, the Appellant led the Police Officers to Goa. First he led the Police Officers and the panchas to a lady named Babita Madhurkar from whom he had purchased the chopper, which was allegedly found in the drawer in Room No.202 of SunNSheel Hotel. The said lady identified the Appellant and accepted the fact that she had sold the chopper to him. Thereafter, the Appellant led the police and the panchas to the Regulating Office at INS Hansa and led them to a person named Dattaprasad Gadgil. From the said person a mobile instrument of Nokia company and four telephone bills in the name of the deceased were seized. It is the prosecution case that, the said phone instrument was that of the deceased. The Appellant also produced a SIM Card broken in two pieces from a side of a drainage pipe. On 30/05/2007, Test Identification Parade ('TI parade') was arranged at Arthur Road Jail, Mumbai, wherein some of the witnesses identified the Appellant.