SUJIT GOPAL PAWAN Vs. ADMINISTRATION

JUDGEMENT

(1.) The Appellant has questioned the correctness of the Judgment and Order dated 23rd February, 2012 passed by the learned Sessions Judge, Daman at Daman in Sessions Case No. 7 of 2009, convicting him under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer rigorous imprisonment for one year.

(2.) Heard Shri. Fernandes, the learned counsel for the Appellant, Shri. Venegaonkarn for Respondent Nos.1 and 2 and Mrs. P.P. Shinde, APP for the Respondent No.3-State. Perused the record.

(3.) The prosecution case in brief is that, the deceased Sujata was wife of the Appellant. That, on 18th July, 2009, at 2.30 p.m. when Shri. Subhash Patel (P.W. No. 2) was on his way back from Shirdi, at Peth, received a call on his mobile phone from the Appellant. The Appellant informed him that, the dead body of his wife Sujata was lying beneath the cot in his room. It is the prosecution case that, the Appellant had taken the said room on rental basis from the mother of Shri. Subhash Patel (P.W. No. 2) and Shri. Ballubhai Patel (P.W. No. 1). Shri. Subhash Patel (P.W. No. 2) immediately informed the said fact to Shri. Ballubhai Patel (P.W. No. 1), his younger brother on telephone. He (P.W.No.1), therefore, immediately went to the room of the Appellant and found it in locked position. He immediately went to Dabhel Police Out Post and informed the said fact to the police. The police without wasting any time, came to the room of the Appellant and broke open the lock and entered into the room. The dead body of a female was found under the bed in the room. It was identified to be of Sujata, the wife of the Appellant. The persons present there noticed injury marks on the head and eyes of the dead body and blackish marks on the throat.