KAMAL CHAKRAPANI SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The convict in jail questions the judgment and order dated 17/08/2011 delivered by Extra Joint Ad Hoc Additional Sessions Judge, Thane in Sessions Case No. 177 of 2009 punishing him for the offence under section 302 of IPC for life imprisonment, under section 392 of IPC with Rigorous Imprisonment for 10 years and acquitting him of the offence punishable under section 201 of IPC. He is in custody since 10/01/2009.

(2.) We have heard Advocate Mohite for the appellant and learned APP Smt. Mhatre for the respondent State.

(3.) The story of prosecution in brief is the complainant Omprakash Sharma (husband of deceased Sharda) on 07/01/2009 at about 11.00 p.m. lodged a report pointing out that before returning to his flat in the evening he tried to contact his wife Sharda on phone but could not succeed. He contacted his near friends and requested them to contact his wife. At about 8.30 p.m. he reached there along with his sister-in-law Vina Sharma. He rang the door bail and there was no response. The flat was not locked from outside and he had no latch key with him. He therefore, requested his neighbour Ahuja to call the key maker and that key maker after 9.00 p.m. opened the flat door. He and Vina Sharma entered the flat and called wife Sharda but there was no response. When he entered the next room, he found Sharda in a pool of blood on the floor with injury near her ear and head. There was one nylon rope around her neck and strangulation marks were seen. The head injury was inflicted by some heavy object. He also noticed that valuables worth Rs.4,70,000/- were stolen from his house.