KISHOR JAISING SONWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') against the order passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.5 of 2013 convicting the appellant-accused for the offences punishable under Section 302 as well as 307 of the Indian penal Code (hereinafter referred to as 'IPC') as also for the offence punishable under Section 25 read with Section 4 of the Arms Act and sentencing him to suffer imprisonment for life and fine of Rs.2,000/-, in default of payment of fine for Rigorous Imprisonment for six months under Section 302 of the IPC, Rigorous Imprisonment for ten years and fine of Rs.2,000/- in default to further R.I. for six months under Section 307 of the IPC and Rigorous Imprisonment for two years and fine of Rs.1,000/- in default further R.I. for six months under Section 25 read with Section 4 of the Arms Act and further directing the sentences to run concurrently.

(2.) The prosecution case as can be made out from the FIR and the charge-sheet is to the effect that informant Aruna (P.W.1) is the wife of the appellant /accused. The couple have two children, a son - injured Rushikesh (P.W.2) and a girl deceased Minakshi who was 16 years of age. The appellant / accused was serving as a worker in Larsen and Toubro Company (hereinafter referred to as "L and T Company') for many years. When everything was going on smoothly, on 03.10.2012 as usual all the family members had their dinner, watched television programmes and went to bed between 11.00 p.m. to 12.00 in the mid night. Aruna (P.W.1) and her daughter Minakshi slept on one cot. Rushikesh (P.W.2) slept on another cot whereas the appellant slept on a sofa set. Next day morning, that is on 04.10.2012 Aruna (P.W.1) woke up at about 5.00 a.m. She asked the appellant to get up but he told her to first finish her bath. Aruna then went inside the bathroom. She then heard shouts of her son Rushikesh (P.W.2) calling 'Aai Aai'. When she rushed out of the bathroom she saw that Minakshi was lying on the cot in a prone position and had received injury to the neck and was bleeding. She also saw that Rushikesh (P.W.2) was standing on the cot and the appellant was assaulting him with a sickle. Rushikesh (P.W.2) also had sustained injuries on his head, neck and hands. She immediately pushed the appellant aside and snatched the sickle from his hand and hidden it beneath a cupboard. Minakshi had died. The appellant also told about having assaulted the children. After hearing the hue and cry neighbours Anil Nimse, Lavande, Deshmukh and Bhagat and few others rushed to the spot. Rushikesh (P.W.2) was taken to a hospital. Aruna (P.W.1) then lodged the report (Exh.12). The offence was registered as Crime No.I-330 of 2012 for the afore mentioned offences.

(3.) The appellant was arrested. The inquest was conducted. A spot panchnama was conducted during which the sickle was seized. Further investigation was carried out and in due course of time the charge-sheet was filed. After committal of case the learned Additional Sessions Judge framed the charge, recorded the plea and conducted the trial.