SATISH KUMAR AGARWAL Vs. STATE

JUDGEMENT

(1.) This appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence dated 4/2/1989 in Sessions Case No. 67 of 1987 passed by the learned Addl. District and Sessions Judge at Daman. By the said order the appellant came to be convicted under Section 302 of IPC and he has been sentenced to undergo RI for life. It is said that Alcoholism coupled with gambling has the power to free a man from the shackles of self control and unleash bloody paths, but this case goes much beyond that general belief and puts up a gory story of triple murders by a loving and caring husband and father who was liberated from self control by alcoholism and gambling. He killed his dearest wife and two daughters while they were fast asleep and attempted to end his life as well but destiny had ordained a different course, namely, he survived and faced a trial and perhaps die as a prisoner as the very same vices saved him from going to the gallows.

(2.) The appellant was married to Lalitaben sometimes in the year 1979-80 and begot two daughters, elder daughter Sushma was 7 years of age and younger daughter Anjana was only eight month old when the incident took place on 23/6/1987. He was living with his wife and children in the rear portion of family house at Jain Street, Daman whereas front portion of the said house was occupied by his brother Rakesh Agarwal and his family. He was running a grocery shop in partnership with his brothers. The parents of Lalitaben as also some of her brothers i.e. Ramsharan and Dr. Ashok were staying at Udhwadha and another brother Dr. Vaishya was staying at Jampaber street at Nani Daman.

(3.) The accused pleaded not guilty to the charge framed against him under Section 302 of IPC and in the statement recorded under Section 313 of Cr.P.C. he stated that after he returned to his house in the night of 22/6/1987 along with his wife and children, he had gone to his brother Gopal's house at Moti Daman along with his books of accounts of partnership and in the morning at about 7 a.m. when he reached near the bridge he met his nephew Pavan and learnt that his wife and children were dead. He became nervous and just then a heavy vehicle was passing by when he lost his balance and fell in the sea. He heard some people saying "bachao, bachao" but he did not know who removed him from the sea. However, he admitted that the chit recovered by the police from his brother Rakesh was in his handwriting but according to him it was obtained from him by the police. This is the defence he took, but did not state as to how is wife died. At the same time he simply denied his involvement in the crime.