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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.892 OF 2014
Satish Dada Londhe ......Appellant
Age: 28 Years,
R/O: Gondawale Khurd,
Tal: Man, Dist. Satara
At Present: Kolhapur Central Prison,
Dist: Kolhapur, Kalamba,
Maharashtra- 416 007.
V/s.
The State of Maharashtra
At the instance of Dahiwadi
Police Station, Tal: Man,
Dist. Satara .......Respondent
Mrs. Nasreen S.K. Ayubi appointed for Appellant.
Mrs. G.P.Mulekar , APP for Respondent-State.
CORAM : SMT. V.K. TAHILRAMANI, &
SANDEEP K. SHINDE, JJ.
DATE : 8th June, 2017.
ORAL JUDGMENT: (Per Smt. V.K.TAHILRAMANI, J.) The Appellant/Original Accused has preferred this appeal against the judgment and order dated 27.2.2014 passed by the learned Additional Sessions Judge, Vaduj in Sessions Case No.50 of 2013. By the said Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 2/10 * 917-APEAL-892-2014.doc judgment and order, the learned Additional Sessions Judge convicted the Appellant under Section 302 of the IPC and 324 of the IPC. For the offence under Section 302 of IPC, the Appellant was sentenced to suffer life imprisonment and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for three months. For the offence under Section 324 of the IPC, the Appellant was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for three months.
2 Prosecution case briefly stated is as under:
Deceased Shilpa was the wife of the Appellant. Their marriage took place on 18.12.2011. The Appellant used to consume liquor and used to assault his wife Shilpa everyday as he had suspicion regarding her chastity. A meeting was held of the community members wherein the Appellant was persuaded to live happily with his wife Shilpa. However, he continued illtreating and harassing his wife Shilpa. As the Appellant was illtreating and harassing Shilpa, P.W.10-Savitra Chimaji Avghade, who was grand-
Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 3/10 * 917-APEAL-892-2014.doc mother of Shilpa was residing with Shilpa and the Appellant.
The incident occurred on 12.4.2013 at about 8.30 p.m. At that time P.W.10-Savitra, Shilpa and the Appellant were in the house. The Appellant told P.W.10-Savitra to bring tea powder, sugar and eggs from shop. Accordingly, she went to the shop and brought the said articles. When P.W.10-Savitra returned home, Shilpa prepared tea. Thereafter, Shilpa cooked dinner. They all had dinner. After taking dinner, the Appellant demanded water. Then he went out of the house and within a few minutes, he returned and stood in the door way. He then demanded water from Shilpa. Shilpa went to take water from pot. At that time, the Appellant took out knife and inflicted two blows with knife on the chest of Shilpa. Then, he took out an axe and dragged Shilpa to the front room. He then assaulted Shilpa with the handle of the axe. P.W.10-Savitra tried to intervene, however, the Appellant hit P.W.10- Savitra on the hand and thigh causing bleeding injuries. The Appellant then ran away. P.W.1-Pushpa Avghade, who was the mother of Shilpa lodged F.I.R. Thereafter, Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 4/10 * 917-APEAL-892-2014.doc investigation commenced. Dead-body of Shilpa was sent for post-mortem. The Appellant was arrested. At the time of arrest, blood stained clothes were found on his person. After completion of investigation, charge-sheet came to be filed. In due course, the case was committed to the Court of Sessions.
3 Charge came to be framed against the Appellant under Section 302, 498-A, 324 and 326 of IPC. The Appellant pleaded not guilty to the said charge and claimed to be tried. Defence of the Appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Additional Sessions Judge, Vaduj convicted and sentenced the Appellant as stated in paragraph 1 above. Hence, this Appeal. 4 We have heard the learned counsel for the Appellant and the learned APP for the State. We have carefully considered their submissions, judgment and order passed by the learned Additional Sessions Judge, Vaduj and the evidence in this case. After carefully considering Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 5/10 * 917-APEAL-892-2014.doc the matter for the below mentioned reasons, we are of the opinion that there is no merit in the appeal. 5 Conviction of the Appellant is mainly founded on the evidence of P.W.10-Savitra who is an eye witness. P.W.10-Savitra has stated that Shilpa was her grand- daughter. Shilpa was married to the Appellant. After marriage, Shilpa and the Appellant were residing at Gondawale Khurd in the house of P.W.10-Savitra. The Appellant was suspecting chastity of Shilpa. On that count, there were frequent quarrels between the two. P.W.10- Savitra has stated that incident occurred at about 8.30 p.m. in her house in her presence. At that time P.W.10- Savitra, Shilpa and the Appellant were in the house. The Appellant told P.W.10-Savitra to bring tea powder, sugar and eggs from shop. Accordingly, she went to the shop and brought the said articles. When P.W.10-Savitra returned home, Shilpa prepared tea. Thereafter, Shilpa cooked dinner. They all had dinner. After taking dinner, the Appellant demanded water. Then he went out of the house and within a few minutes, he returned and stood in the Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 6/10 * 917-APEAL-892-2014.doc door way. He then demanded water from Shilpa. Shilpa went to take water from pot. At that time, the Appellant took out knife and inflicted two blows with knife on the chest of Shilpa. Then, he took out axe and dragged Shilpa to the front room. He then assaulted Shilpa with the handle of the axe. P.W.10-Savitra tried to intervene, however, the Appellant hit P.W.10-Savitra on the hand and thigh causing bleeding injuries. Nothing has been elicited in the cross- examination of P.W.10-Savitra to cause us to disbelieve her evidence. We are of the opinion that her testimony inspires implicit confidence, hence, we have no hesitation in relying on the same.
6 It is the prosecution case that the motive for the Appellant to murder his wife Shilpa was that he suspected her chastity. This has been brought out not only in the evidence of P.W.10-Savitra but also in the evidence of P.W.1-Pushpa, P.W.6-Sanjay Avghade, P.W.9-Lalita Sanjay Avghade and P.W.11-Pravin Avghade. All these witnesses have stated that the Appellant was suspecting chastity of his wife Shilpa.
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7 In addition, the prosecution has relied upon the
circumstance that P.W.6-Sanjay and P.W.9-Lalita had seen the Appellant running away from the house with an axe in his hand. In fact, P.W.6-Sanjay and P.W.9-Lalita have both identified axe Article "I".
8 It is the prosecution case that the Appellant assaulted his wife Shilpa with knife and axe and caused her death. This has been borne out by medical evidence. P.W.7- Dr. Sadashiv Parisa Desai conducted post-mortem on the dead-body of the deceased Shilpa. On external examination, he found the following injuries:
"1 Incised wound over left breast lateral aspect. Transversely placed, size about 4 cm x 1 cm. X deep x chest cavity. Bleeding present. 2 Incised wound over right breast laterally placed, transversely size about 4 cm x 1 cm till ribs. Bleeding present.
3 Multiple bluish patches over back size about 3 cm x 1 cm to 5 cm x 3 cm"
Further Dr. Desai found fractures to ribs on left side.According to Dr. Desai, these injuries were ante-mortem.
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On internal examination, Dr. Desai found following injuries:
"1 Penetrating injury on left ribs of 5 and 6 at anterior axillary fold just lateral to sternal. Bleeding present and haematoma present. 2 Ruptured lungs at lateral to medial side, bleeding present. Haemothorax present. 3 Pericardium ruptured at apical region. (Outer side of the heart).
4 Penetrating injury to left ventricle near apical region."
9 P.W.7-Dr. Desai has stated that the probable cause of death was due to haemorrhage with injury to vital organs, i.e., lungs and heart. P.W.7-Dr. Desai has further stated that the injuries are possible by knife Article "B". Looking to the evidence on record, we have no manner of doubt that death was homicidal in nature and the Appellant was responsible for the same.
10 One last circumstance on which the prosecution has placed reliance is the C.A.Report. Clothes of the deceased were sent to C.A. The Appellant was arrested on 13.4.2013 in the presence of pancha witness P.W.8-Swapnil Hindurao Waidande. Panch witness P.W.8-Waidande has Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 9/10 * 917-APEAL-892-2014.doc stated that on 13.4.2013 he was called to Dahiwadi Police Station. The Appellant was present at that time. He saw that the clothes on the person of the accused were stained with blood. These clothes came to be seized and they were sealed. Evidence of the Investigating Officer shows that these clothes were sent to C.A. C.A.Report at Exhibit 44 shows that clothes of the Appellant i.e. T Shirt and shorts were stained with blood of 'A' group. All the clothes of the deceased were stained with blood of 'A' group. From this, it can be safely inferred that the blood group of the deceased was 'A'. Thus, finding of blood stains of 'A' group on the clothes of the Appellant is a strong incriminating circumstance against the Appellant. The Appellant has not furnished any explanation for the finding of blood stains of 'A' group on his clothes.
11 Looking to the evidence on record, we are of the opinion that the prosecution has proved beyond reasonable Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 ::: * 10/10 * 917-APEAL-892-2014.doc doubt that the Appellant has committed murder of his wife Shilpa. Thus, we find no merit in the appeal and the appeal is dismissed.
(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) Shivgan ::: Uploaded on - 20/06/2017 ::: Downloaded on - 28/08/2017 05:20:46 :::