Criminal Appeal No. 603 of 2014. Case: Shatrughna Madhav Meshram Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 603 of 2014 |
| Counsel | For Appellant: Sonia Miskin, Appointed Advocate and For Respondents: H.J. Dedia, APP |
| Judges | V. K. Tahilramani, Actg. C.J. and Dr. Shalini Phansalkar Joshi, J. |
| Issue | Indian Penal Code 1860, (IPC) - Section 302 |
| Judgement Date | February 11, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Dr. Shalini Phansalkar Joshi, J.
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This appeal is preferred by the original accused, who stands convicted, by the judgment and order dated 23.12.2013 of Additional Sessions Judge, Greater Bombay, in Sessions Case No. 176 of 2012, for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 25,000/- in default to suffer rigorous imprisonment for two months.
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Brief facts of the appeal, can be stated as follows:-
Appellant was serving as Constable in Police Department and was residing alongwith his wife Kavita and two daughters by name Vishakha and Sonali in New Mhada Police Colony at Andheri. On the date of incident on 27.10.2011, at about 11.50 p.m. P.W.1 Police Constable Santosh Kute, who was on night patrolling duty in MIDC area, received message from Control Room that one injured lady was lying at 10C New Mhada Police Colony, Andheri. Hence he rushed there and found that some persons were gathered near stair case of the building and one lady wrapped in bed-sheet was lying in injured condition near the stair case. There was profuse bleeding from her injuries and she was not in a condition to speak. Enquiry was made with the persons gathered there and from P.W.6 Vishakha, it was transpired that said lady was her mother Kavita and she was assaulted with knife by her father, the appellant in this case.
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P.W.1 Constable Kute then took the appellant, who was present, in custody and sent him to police station. Injured Kavita was taken by P.W.1 Kute to Cooper Hospital. There Doctor declared her to be dead. P.W.14 PSI Khatpe has also reached Cooper hospital at that time. In the hospital itself, he recorded complaint of P.W.1 Kute vide Exh.22.
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On this complaint C.R. No.594 of 2011 was registered. During the course of investigation, the inquest panchnama was made vide Exh.29 and dead body of Kavita was referred for postmortem examination. P.W.14 PSI Khatpe then made spot panchnama (Exh.24), on the same night. He seized broken knife with handle, broken pieces of bangles and Mangalsutra, which were lying there. The photographs of the spot were also taken vide exh.30.
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P.W.15 PI Bhalshankar, thereafter has taken over investigation of the case. On 29.10.2011 itself he seized the clothes of the appellant under panchnama Exh.42. The seized Muddemal articles including the clothes of the deceased were sent to the the Chemical Analyzer. The Chemical Analyzer's reports are produced on record at Exh.12, 13, 19 and 20. The statements of witnesses were recorded and further to completion of investigation by P.W.15 PI Bhalshankar, has filed chargesheet in the Court against appellant.
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On committal of the case to the Sessions Court, trial Court framed charge against appellant vide Exh.3. Appellant pleaded not guilty and claimed to be tried raising defence of denial and false implication.
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In support of its case, prosecution examined as many as 15 witnesses and on appreciation of their evidence...
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