RAM SHANKAR TUFANI SAHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the accused who has been convicted for uxoricide under section 302 IPC and has been sentenced, inter alia, to suffer life imprison-ment, by judgment/order dated 5/6/2007 of the learned Sessions Judge, Margao, in Sessions Case No. 20/2005.

(2.) The accused and the deceased Rita, aged about 20 years, were natives of and married in Gorakpur in the State of U.P., about 7-8 years prior to the incident. The deceased had three more sisters, two of whom were married to PW16/Lalji Sahani and PW17/Akhilesh Sahani, respectively. The accused and the deceased had two children. The first is PW8/Ragini, who was about three years of age and the second Nirjela who ought to have been of less than one year of age, as she was required to be carried, by the said PW8/Ragini. A third child appears to have been on the way. The accused, the deceased and the brother of the accused, namely, PW14/Harishankar were all residing in an outhouse, of the house of Engineer Achilees Gracias, the son of PW3/Sunamites Gracias at Cana, Benaulim. The deceased was found murdered at about 5 p.m. on 11/4/2005. That is also the time given by PW7/Dr. Sapeco as the probable time of death and which timing is also in consonance with the facts stated by other witnesses. Around that time PW8/Ragini came to the place where PWl/Ana Maria Rodrigues was drying her paddy, close to the said outhouse, and told her in hindi that her mother had expired and upon hearing that, the said PWl/Ana Maria Rodrigues was emotionally disturbed and went and met PW2/Sister Satornila D'Costa at the Divine Providence Convent Home which is close by, and told her about it where-upon both of them went to the outhouse and saw that the deceased was lying on the ce-mented floor with blood around her and they returned and reported the matter to another sister from the said convent by name Sister Delphine, who informed the police on tel-ephone No. 100. An FIR was lodged at about 6.30 p.m. on the same day by the said Sister Satornila and apparently no person was named in the said FIR. After recording the said FIR, the Police Inspector Shri Albuquerque of Colva Police Station (I.O.) came to the said outhouse and prepared a scene of offence panckanama and an inquest panchanama in the presence of PW4/ Ramakant Naik. Photographs of the scene of offence were taken by PW9/Sagun Gaude. No finger prints could be lifted. A dog squad was summoned but gave no clue whatsoever.

(3.) The body of the deceased was sent for post-mortem examination which was con-ducted by PW7/Dr. Sapeco who found that there were 2 injuries on the person of the deceased namely a stab chop wound of 11 x 5x5 cms. at the neck front directed from right to left with minimal tailing with cutting for trachea, strept muscle of neck, blood ves-sels, thyroid and neck structures which was 8 cms. below chin and 6 cms above super sternal notch of neck. He also found another injury below 2 cms of the first injury, which was another stab chop wound of 10 x 5 x 5 cms., and, he opined that the deceased had died due the morrhogic shock as a result of impacts to the neck with sharp cutting weapon vide injuries Nos. 1 and 2, which were necessarily fatal to a pregnant woman. When the knife - Exhibit F was shown to him he opined that the injuries could have been caused with the said knife. Thus far, there is no con-test to the case of the prosecution and other wise also it is not disputed at the Bar, by the learned Senior Counsel appearing on behalf of the accused, that the death of the deceased was homicidal, and, it is proved to be so.