- (1.)Through this Appeal, the Appellant/original accused has challenged the judgment and order dated 19th January, 2005, passed by the learned Additional Sessions Judge Greater Bombay in Sessions Case No. 414 of 2002. By the said judgment and order, the learned Sessions Judge convicted the Appellant under Sections 302, 452 of the Indian Penal Code (I.P.C.) and Section 37 read with Section 135 of the Bombay Police Act. For the offence punishable under Section 302 of I.P.C., the Appellant was sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/- (Rs. two thousand) in default, S.I. for two months. For the offence punishable under Section 452 of Indian Penal Code, he was sentenced to S.I. for 7 years and to pay fine of Rs. 500/- (Rs. five hundred) in default, S.I. for one month and for the offence punishable under Section 37 read with Section 135 of the Bombay Police Act, he was sentenced to imprisonment for one year. The learned Sessions Judge direct that all the substantive sentences shall run concurrently. The prosecution case, briefly stated, is as under:
P.W. No. 1 Shakira was the elder sister of deceased Nazira. Nazira was in love with deceased Yulumali. Nazira along with Yulumali ran away as her parents were against the marriage. Two months thereafter, Nazira returned back to Mumbai with Yulumali. There was a dispute between Nazira and Yulumali because Yulumali refused to marry Nazira. Due to this Nazira was angry and left Yulumali. Thereafter, Nazira married Appellant-Rajaram. Appellant changed Nazira's name to Gayatri. They started residing at Chembur in one room, Nazira resided with Appellant for some days and she again eloped with Yulumali. The incident occurred on 19th February, 2002. Four days prior to the incident Nazira and Yulumali stayed with P.W. 1 Shakira at her house. On the day of the incident, Appellant came to the house of Shakira. Nazira was in the outer portion of the house. At that time, Yulumali was sleeping in the rear side room of the house. Appellant knocked the door. Shakira opened the door. Appellant came inside. Shakira gave him a glass of water. There was conversation between Nazira and Appellant. Appellant asked Nazira why she deceived him and left him. Quarrel took place between Nazira and the appellant. On hearing the commotion, Yulumali who was in the rear room came out of the room. On seeing Yulumali, the Appellant assaulted Yulumali on the chest and neck with a knife. Thereafter, the appellant also assaulted Nazira with the same knife. Then Shakira went to the police station and lodged First Information Report (F.I.R.). People gathered near Shakira's house. They took Nazira and Yulumali to the hospital. However, both Yulumali and Nazira died on the next day i.e. on 20th February, 2002. Thereafter, investigation commenced. After completion of investigation, charge sheet came to be filed.

(2.)Charge came to be framed against the Appellant under Sections 302 and 452 of Indian Penal Code (I.P.C.) and under Section 37 read with Section 135 of the Bombay Police Act. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that he caused the death of Nazira and Yulumali on account of grave and sudden provocation. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No. 1 above, hence, this Appeal.
(3.)We have heard Dr. Yug Mohit Choudhary, the learned Advocate for the Appellant and the learned A.P.P. for the Respondent - State. We have carefully perused the judgment and order as well as the evidence in this case and also considered the defence of the Appellant. After carefully considering the matter, we are of the opinion that the learned Sessions Judge has rightly come to the conclusion that the Appellant caused death of Nazira and Yulumali by assaulting them with knife.