GANESH SHRAWAN CHAUDHARI Vs. STATE

JUDGEMENT

(1.) THESE proceedings have been sent up by the learned Sessions Judge, Jalgaon, under Section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed by him on the accused Ganesh Shrawan Chaudhari. The accused has also filed an appeal under Section 418, Criminal Procedure Code, Both these proceedings have been heard together.

(2.) THE accused was charged with murdering his wife Sharadabai aged 23 years, two sons named Tushar aged 4 years and Rajan aged 2 years, and a daughter by name Gitanjali about 15 days old on the afternoon of Sunday June 30, 1968, in the village of Dambhurni, taluka Yawal, District Jalgaon. The accused was convicted by the learned Sessions Judge under Section 302 of the Indian Penal Code and sentenced to death. The accused had pleaded guilty to the charge against him. The learned Judge, however, directed that he should be tried on the charge. The accused has shown unwillingness to engage a lawyer, or to have one appointed for him at State expense. The learned Judge, however, requested a senior member of the Jalgaon Bar, Mr. P. P. Deshmukh, who undertook the defence of the accused. Mr. Deshmukh had earlier been engaged by the father of the accused for the purpose of an application under Section 465 of the 'Criminal Procedure Code.

(3.) THE house in which the family lived was a two -storeyed structure bearing the Gram Panchayat House No. 188. The accommodation in the house is shown on the sketch map exh. 11. It has an entrance from the north and a door on the east of room No. 1. After room No. 1 there is a stair -case going to the upper floor. The room No. 1 has two doors leading to room No. 2 and room No. 2 has a door leading to room No. 3. The accused resided with his deceased wife and three deceased children in room No. 3. This room has two accesses, one from room No. 2 and the other by a wooden stair -case from room No. 3 on the upper floor. The stair -case descends from room No. 3 on the upper floor to room No. 3 on the ground floor where the accused resided with his family. The entire upper floor is accessible by the stair -case between rooms Nos. 1 and 2. On the west of this house is the house of Laximbai Tryambak Chaudhari where the brother of Laximbai by name Mulchand was at the time of the incident. On the east of the house is a road and across the road is the house of Ichharam Sitaram Chaudhari.