Decided on March 03,2017

Chipemsang Matthew Luikham Appellant


SADHANA S.JADHAV,J. - (1.) The applicant herein is arrested on 3.5.2016 in C.R. No. 230 of 2016 registered at Khar Police Station, Mumbai. The investigation is completed and charge=sheet is filed against the applicant for the offence punishable under Section 306 of the Indian Penal Code. The case is committed to the Court of Sessions and registered as Sessions Case No.606 of 2016.
(2.) The learned counsel for the applicant, upon instructions, submits that in Sessions Case No.606 of 2016, charge is framed against the applicant under Section 306 of IPC.
(3.) It is the case of the prosecution that the applicant herein was in love with one Ms. Arin. They were in a live-in relationship. It is the case of the prosecution that a fortnight prior to 3.5.2016, Arin had started residing with the present applicant. It is also the case of the prosecution that the applicant as well as the deceased were in the habit of consuming alcohol. That in the intervening night of 2nd May and 3rd May, 2016, Arin was taken to the hospital by the applicant as she had sustained certain injuries and had probably attempted to commit suicide. She was declared dead at the hospital. On 3.5.2016, the statement of one Mrs. Asinath Khorai was recorded. That she happens to be the cousin of deceased Arin. She has disclosed to the police that she had met Arin. It was disclosed to her by Arin. That The present applicant used to harass her and assault under the influence of alcohol. That he was jobless. That on 3.5.2016 at about 3.30 a.m., the applicant had called upon the first informant and had informed her that Arin is admitted in Asha Parekh Hospital. The first informant had rushed to the hospital. Upon enquiry, she was told that on the previous night, there was a quarrel between the applicant and Arin and they both were under the influence of alcohol and that Arin had slipped and fallen down when she was going to bathroom and therefore she had sustained an injury to her head. She was further informed that Arin had locked herself in the room and had committed suicide by hanging.;

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