STATE OF MAHARASHTRA Vs. MUKESH KHUSHALDAS MEPANI

JUDGEMENT

(1.) THE facts of this case would unfold the tragic end of Chetna, the wife of the accused on March 28,1985 in flat No. 16, 3rd floor, Premnagar building No. 1, A Wing, Borivli, Bombay. The deceased was married to the accused on May 15, 1983 and initially the couple was residing at Tardeo in Central Bombay with the parents of the accused. The accused was carrying on business as broker in diamond transactions. There are three diamond market in Bombay, one situate at Malad, the other at Pancharatna building, Opera House in South Bombay, and the third at Zaveri Bazaar, South Bombay. As a broker, the accused was required to visit these markets from time to time. While the accused and the deceased were residing at Tardeo, the deceased conceived but had a miscarriage in November 1983 during seven months of pregnancy. It appears that the young couple could not poll on with the elderly persons and thereupon the accused took a loan from his brother-in-law Dilip Parmani (P. W. 7) and purchased a flat in Premnagar Bldg. The accused and the deceased shifted to the flat at Borivli in August 1984. The mother of the deceased Shardaben Parmani (P. W. 8), Dilip and Paresh (P. W. 7 and P. W. 5), the brothers of the deceased and Indu (P. W. 6), the wife of Dilip, are also residing at Borivli within a short distance from where the flat of the accused is situate.

(2.) ON January 7, 1985, the deceased underwent an appendix operation in the hospital of Dr. Rekha Shah (P. W. 16) and after discharge was advised bed rest for about 15 days. The, deceased went to the residence of her mother after discharge from the hospital, but before 15, days were over returned to the house of her husband. Between March 7, 1985 and March 14, 1985, the deceased was residing in the house of her mother. Prior to March 14, 1985 the accused had visited the house of Shardaben and informed that he was going on a pilgrimage to Mahadi near Ahmedabad. The accused returned by about March 14 and requested his wife to come back to the matrimonial flat. The wife went back to the flat and prior to the date of the incident i. e. March 28, 1985 the couple had visited the flat of the deceaseds mother on two or three occasions. It is not in dispute that the relations of the deceased also used to visit the flat of the accused from time to time.

(3.) ON the date of the incident i. e. on March 28, 1985 the accused left the flat at about 10 QT clock in the morning to visit a temple situated nearby. The accused went to the temple on his scooter but came back on his foot. At about 11. 30 in the morning, the maid-servant Laxmibai Pawar (P. W. 12) came to clean the floor and wash the clothes. At that time, both the accused and the deceased were in the flat. Laxmibai returned to the flat between 12 and 12. 30 in the afternoon for washing utensils after the couple had taken their lunch. When Laxmibai visited the flat on the second occasion, the accused had already left the flat and the deceased was all alone. Laxmibai finished the work in about five to ten minutes and left the flat. The accused had visited the diamond markets at Malad and also at Pancharatna Building, Opera House, on the date of the incident. The accused returned to his flat at 9. 30 p. m. The flat has two doors at the entrance. The inner door has a Godrej automatic latch and opens inside the flat. The outer door opens in the passage and has a grill at the top. The two doors are fixed to the flat with a view that an outsider should not enter the flat on opening of the inner door and take the inmates by surprise. When the accused reached the flat, the outer door was found open. The accused opened the inner door with a latch key on entering the flat found the flat in darkness. The accused switched on the lights and noticed that his wife was lying on a divan in the living room. The flat consists of bed-room, a sitting hall, kitchen and a toilet block. The area of the living room is 9 feet x 16 feet and on the date of the incident, there were two divans, a teapoy, a show-case and a cupboard in the hall. The accused noticed that the deceased was lying with chest downwards on divan while her legs were on the floor. The accused noticed that there was a pool of blood on the chaddar spread on the divan. The accused tried to move the deceased, but the deceased did not respond. Thereupon the accused came out of the flat and approached the neighbour Panna Pandya (P. W. 9) who was residing in the adjoining flat. The accused informed Parma that Chetna had committed blood. On hearing the cries of the accused, both Parma and Shobhana Desai who are residing in the adjoining flats rushed to the flat of the accused. Noticing the condition of the deceased and the manner in which she was lying, Parma suggested to the accused that Doctor should be fetched at once. The accused thereupon climbed down the stair case and went to the first floor where Shantilal Bhimani (P. W. 2) is residing. The accused informed Bhimani that his wife was lying in a pool of blood and he desires to give telephone message. Bhimani permitted him to do so and then the accused gave telephone message at the place-of Shardaben and also gave a call to his brother. The accused then requested Bhimani to contact his family Doctor and requested him to come to the flat at once. Accordingly, Bhimani telephoned to Dr. Dandekar who had a dispensary nearby. Dr. Dandekar informed that he was busy with his patients in the clinic and would come after 10 to 15 minutes and in the mean while some person should be sent to his dispensary to bring him to the flat.