- (1.)In regard to a charge of murder the appellant was tried by the learned 2nd additional sessions judge, Thane and was found guilty of the same and punished under section 302 IPC and was sentenced to undergo imprisonment for life. The said conviction and sentence having been upheld by the High Court, judicature at Bombay, the appellant is before us in this appeal.
(2.)Briefly stated the prosecution case is that the appellant was married to one pushpa @ Priya who is the deceased in this case, and there being certain marital discord on the night of 20/21st March, 1994 the appellant is alleged to have strangulated the said deceased Pushpa in their house situated at Shradha Saburi chawl, Thane.
(3.)The prosecution case further is that on the date of the incident the appellant, the deceased and the deceased's two daughters, by her first marriage, Smita pw2 and Sarika PW-3 had slept in the room. The next morning when PWs. 2 and 3 woke up, they found the appellant missing from the room and their mother was lying dead with bleeding from her ears. When PWs. 2 and 3 tried to go out to seek help of the neighbours, they found the house locked from outside and when they shouted for help their neighbours came near the house but found the door of the house locked. It is the further case of the prosecution, at about that time the police came to that place with the appellant and opened the door of the house. It is also the case of the prosecution that the appellant after having committed the murder had gone to his house and confessed to his father that he had committed the murder of his wife and ex-prossed his desire to commit suicide. Therefore, with a view to prevent him from taking such extreme step PW1 and another neighbour PW-6 took the appellant to the police who recorded the first information as per the statement of PW1. It is also stated that when the police arrested the appellant, they found some injuries on his fingers which was examined by the doctor PW-8 who opined that the said injuries could be caused by biting.