STATE OF MAHARASHTRA Vs. SANDEEP SONU MAINGADE

JUDGEMENT

(1.) This reference has been made by the learned Additional Sessions Judge for Greater Bombay under Section 366 of the Code of Criminal Procedure as the sole accused Shri Sandeep Sonu Maingade has been awarded the death sentence, on his conviction under Section 302 of the Indian Penal Code. He has also been convicted and sentenced for the offence punishable under Section 392 of the Indian Penal Code in Sessions Case No. 365/2008. The said order of conviction and sentence passed on 06.05.2009 has been challenged by the accused in Criminal Appeal No. 607/2009 filed under Section 374(2) of the Code of Criminal Procedure.

(2.) As per the prosecution case, PW1 Niraj S/o Dilip Randeri was originally residing in Flat No. 602 of Garden Crest Building, West Avenue Road, Santacruz (West), Mumbai along with his parents and wife from the year 1982 onwards. However, due to some domestic reasons, PW1 Niraj along with his wife shifted to Flat No. 14, Seep Apartments, Sharli Rajan Road, Bandra (West), Mumbai400050 and his parents continued to stay at Flat No. 602 of Garden Crest. His father Dilip was of about 72 years of age and his mother Varsha was around 70 years of age. Both of them had ailments and therefore, they had engaged the accused as a domestic help. Dilip Randeri was also a partner in the business along with his son PW1 and even though PW1 along with his wife had shifted from Flat No. 602, he or his wife used to visit his parents frequently. Duty hours of the domestic help were from 7:00 a.m. to 10 p.m.. On 16.02.2008, PW1 received a call from his paternal aunt Smt. Jayshriben Mehta to the effect that she was trying to contact her brother Dilip on his phone but there was no response. PW1, therefore, called on the landline telephone number (26483787) at Flat No. 602 as well as the mobile phone of his mother bearing number 9870478928 but there was no response. He, therefore, reached at Flat No. 302 at about 7:30 p.m. on the same day and obtained the duplicate key from the house of Mr. Devang Mehta staying in the opposite Flat No. 601 and opened the main door of Flat No. 602. When PW1 entered the flat, he noticed the dead body of his mother in the kitchen and in the dry balcony attached to the kitchen he noticed the dead body of his father. He did not find the accused in the flat. He, therefore, contacted the Police.

(3.) The prosecution examined in all 14 witnesses to prove its case, which was based on the circumstantial evidence. PW2 Chetan Shah, PW7 Kukkuswamy Bokanargi, PW8 Dilip Palav and PW9 Shivaji Bhosale were the panch witnesses. PW3 Santosh Maingade was a friend of the accused, PW-5 Devang Mehta is neighbour and owner of Flat No. 601 in Garden Crest building and PW6 Raju Kadam was the domestic help in the house of PW-5. By way of medical evidence, the prosecution examined PW-4 Dr. Nitin Barve, PW-10 Dr. Sharad Ruia and PW11 Dr. Shivaji Kachare. PW10 Dr. Sharad Ruia had examined the accused on 18.02.2008 and noticed some injuries on his person. The medical certificate at Exhibit15 was issued on 07.03.2008 and the same was brought on record through the evidence of PW4 Dr. Barve. Three Police Officers i.e. PW12 Shashikant Padave, PW13 Dilip Bhosale and PW14 Nandkumar Dhumal were also examined. As noted earlier, PW12 Padave had registered the FIR as per the complaint submitted by PW1, PW13 Dilip Bhosale had arrested the accused at his native village in Ratnagiri district and recovered some gold ornaments and other articles from his person and PW14 Dhumal was the Investigating Officer.