Criminal Appeal No. 720 of 2009. Case: Raju Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 720 of 2009 |
| Counsel | For Appellant: A. Majid H. Bandekar, Advocate and For Respondents: A.S. Pai, APP |
| Judges | V. K. Tahilramani, Actg.C.J. and Sadhana S. Jadhav, J. |
| Issue | Indian Evidence Act, 1872 - Sections 106, 145, 27; Indian Penal Code 1860, (IPC) - Section 302 |
| Judgement Date | January 05, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Sadhana S. Jadhav, J.
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Appellant herein is convicted for offence punishable under section 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 2000/- in default to suffer rigorous imprisonment for 2 months by Additional Sessions Judge Baramati in Sessions Case No. 33 of 2008 vide Judgment and Order dated 13/05/2009. Hence, this appeal.
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Such of the facts necessary for the decision of this appeal are as follows.
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On 30/09/2007 Ravindra Lalbighe lodged a report at city police station Baramati alleging therein that on 30/09/2007 in the morning at about 9.30 a.m., when he was in front of his house he had seen people have gathered in front of the house of Raju Chavan. Out of curiosity he had enquired as to what had happened. He went into the house and saw that Jaya alias Barki daughter of Raju Chavan was lying on the ground. There was oozing of some yellow substance from her nose. Her belly had bloated. There was a ligature mark on her neck. The dead body of Jaya alias Barki was sent for post mortem. After conducting autopsy, medical officer had given the opinion as follows.
"Death due to asphyxia due to strangulation".
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Raju Chavan was seated besides his daughter and other three minor daughters. Upon enquiry Raju Chavan retaliated by saying that it is his daughter and he may do whatever he desires. Upon this reaction first informant had rightly suspected that Raju Chavan had caused homicidal death of his minor daughter. He reported to the police and on the basis of his report crime no. 150 of 2007 was registered against Raju Chavan for offence punishable under section 302 of Indian Penal Code. Investigation was set in motion. After completion of investigation charge-sheet was filed on 30/12/2007. Case was committed to the court of Sessions and registered as Sessions Case No. 33 of 2008. Prosecution examined as many as 8 witnesses to bring home the guilt of the accused.
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P. W. 2 Ravindra Pawar is the panch for scene of offence panchanama. He has deposed before the court that at the time of drawing of scene of offence panchanama accused/appellant was present. He had shown the scene of offence and had informed that he had killed his daughter by pressing her neck. A piece of rope was recovered at his instance. Scene of offence panchanama is at Exhibit 12. A memorandum was recorded for the purpose of recovery of a piece of rope. Memorandum is at exhibit 13 and recovery panchanama is at exhibit 14. It is elicited in the cross-examination that the house was not in a locked condition when investigating agency had been to draw the scene of offence panchanama. Neighbours had gathered.
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P. W. 3 Sou. Ranjana Dasharath Ubale. She was acquainted with the accused but she had no knowledge in respect of number of the children he had. She was providing tiffin to the accused. She has deposed before the court that on 30/09/2007 at about 8.30 p.m., she had met the accused who had come to her house to fetch his tiffin box. After she had returned home she was informed by the...
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