Bombay High Court
Dnyaneshwar Vyankatrao Katekor vs The State Of Maharashtra on 5 December, 2022
Bench: R. G. Avachat, R. M. Joshi
APPLN-2300-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2300 OF 2021
IN
CRIMINAL APPEAL NO. 191 OF 2021
Dnyaneshwar Vyankatrao Katekor ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Ms. M.S. Mhase, Advocate for applicant appointed as amicus curiae
Mr. R.V. Dasalkar, A.P.P. for respondent - State
....
CORAM : R.G. AVACHAT AND
R.M. JOSHI, JJ
RESERVED ON : 25th NOVEMBER, 2022
PRONOUNCED ON : 05th DECEMBER, 2022
ORDER ( PER : R.G. AVACHAT, J. ) :
1. This is an application for suspension of execution substantive
sentence of imprisonment passed by the learned Sessions Judge, Latur in
Sessions Case No. 50 of 2019 vide judgment and order dated 15 th December,
2020. The applicant has been convicted for the offence punishable under
Section 302 of the Indian Penal Code (I.P.C.) and, therefore, sentenced to
suffer imprisonment for life and to pay fine of Rs.5,000/- with default
stipulation.
2. Heard. Issue notice to the respondent. Learned A.P.P. waives
service of notice for respondent - State.
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APPLN-2300-21.odt
3. It was the case of prosecution that the applicant committed
murder of his sister-in-law (sister of his wife) on account suspecting her
infidelity. The case is based on circumstantial evidence. Learned counsel for
the applicant would, therefore, submit that chain of circumstances is not
complete, first to exclude possibility of involvement of someone else than the
present applicant. According to her, the only circumstance against the
applicant is that clothes on his person, at the relevant time, are found to have
blood stains of the blood group of the deceased. According to her, it was the
case of the applicant that one unknown person was assaulting the deceased.
He (applicant) intervened to save her. In that process the applicant himself
suffered injuries and that is why the clothes on his person get stained with
blood of the deceased.
4. Learned A.P.P. opposed grant of application.
5. Considered the submissions advanced. Perused the evidence
relied on. The wife of the applicant has given evidence against him. She has
stated that the applicant did not like behaivour of the deceased. He had,
therefore, a quarrel with her and the deceased as well on the previous day.
The applicant had threatened to kill both of them. She (wife of the
applicant), therefore, went to stay at her parent's house. Admittedly, the
deceased was residing in the neighborhood of the applicant's residence. As
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APPLN-2300-21.odt
per the case of prosecution, the applicant, after committing murder of his
sister-in-law, himself surrendered before the police and confessed to the
crime.
6. True, whatever has been stated by the applicant at the police
station would be inadmissible in evidence. The clothes on his person at the
relevant time came to be seized immediately. Admittedly, the clothes have
blood stains of the blood group of the deceased. The applicant had motive to
commit murder of his sister-in-law, as has been stated by his own wife. There
is an extra-judicial confession made by the applicant to the medical officer
(P.W.5), who had examined him. The medical officer has specifically stated
that the applicant had told him to have suffered injuries while assaulting
another. Admittedly, on the given day, the applicant's sister-in-law met with
homicidal death. As such, it is not a fit case to grant the applicant suspension
of execution of substantive sentence of imprisonment.
7. In view of above, criminal application stands rejected. Hearing of
the appeal is expedited.
( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. )
SSD
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