STATE OF MAHARASHTRA Vs. VISHWAJEET KERBA MASALKAR

JUDGEMENT

(1.) This Appeal takes an exception to the judgment and order dated 26/31st Aug. 2016 decided by the Additional Sessions Judge, Pune in Sessions Case No.64 of 2013, whereby the learned Additional Sessions Judge has convicted the respondent (hereinafter referred as "accused", for the sake of brevity) for the offence punishable under section 302 of the Indian Penal Code and sentenced him to death and pay a fine of Rs.5,000.00 in default to suffer R.I. for one year. The convict was ordered to be hanged by neck till his death. The accused was further convicted for the offence punishable under section 307 of Penal Code and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.10,000.00 in default to suffer R.I. for one year. He was also convicted for the offence punishable under section 201 of Penal Code and was sentenced to suffer R.I. for three years and to pay a fine of Rs.5,000.00 in default to suffer R.I. for six months.

(2.) The factual matrix of the prosecution case is as under:-

(3.) ACP Mohite while recording the spot panchanama, observed that there were no marks of forceful entry on both the doors as well as safety doors of the flat. He also found inside flat no.4 belonging to the accused that behind photo frame hanged on the wall, one small mangalsutra, 3 small gold rings, 2 gold almond shape pendents and cash amount of Rs.7,000.00 was found in one red colour money purse (Article D). So also one ash colour money purse (Article - 12) was found lying in the flat of the accused. All those articles were taken charge by ACP Mohite from the flat no.4 belonging to the accused. Flat no.4 and the flat belonging to Kulkarni i.e. flat no.1 were adjacent to each other. At the place of incident near the main door of the flat of the accused, few pieces of bangles stained with blood and one blood stained odhani were found which was also taken charge by the Police. Thereafter, the inquest panchanamas of the 3 dead bodies were prepared by the Police, vide panchanamas (Ex.69 to 71) respectively. The statements of witnesses came to be recorded. During the course of investigation, it was noticed that neither there was a theft of gold ornaments or cash from the house of the accused nor there was a forcible entry from any of the doors of the house of the accused or the adjacent house belonging to Kulkarni (PW12). It was also revealed that there was love affair between the accused and one Gauri Londhe (PW2). Therefore, the Police suspected that the accused might have committed murder of his wife, mother and child. So also, he must have injured Madhusudan Kulkarni as he might have noticed the said murder and therefore, accordingly, investigation was conducted and the accused was arrested by the Police, vide arrest panchanama Ex.103. ACP Mohite took charge of clothes of deceased Archana i.e. wife of the accused and his daughter Kimaya vide Ex.72. So also clothes of deceased Shobha i.e.mother of accused were seized vide Ex.105. The seized articles were sent for forensic analysis by the Investigating Officer. So also the post-mortem reports of the three deceased were secured by the Police. Dog squad also visited the place of incident during the course of investigation. The C.A. reports were taken charge vide Exhs.11 to 15. After completion of investigation, the charge sheet was filed in the Court of learned J.M.F.C. The case was committed to the Court of the learned Additional Sessions Judge. On recording of evidence and hearing both the sides, the Additional Sessions Judge convicted the accused as aforesaid.