PRALHAD TUKARAM KHARATKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has challenged the judgment and order dated 2nd January, 2009 passed by the Additional Sessions Judge, Thane in Sessions Case No. 303/2006 thereby convicting the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5,000/ -, in default of payment of fine to further undergo simple imprisonment for six months.

(2.) THE facts which are necessary to decide the present Appeal can briefly be stated as under : The Appellant is the husband of the complainant (P.W.1) Rekha Kharatkar. The Appellant and P.W.1 -Rekha were residing together along with their two sons viz. Pritesh aged 11 years and Yatish aged about 9 years. Pritesh was studying in 6th standard and Yatish was studying in 4th standard in Tilak Education Society, Vashi. The Appellant was a tempo driver. That one Janardan Patil from village Nelje was friend of the Appellant and he used to visit his house. The Appellant had suspicion about illicit relation of Janardan Patil with his wife Rekha (P.W.1). The Appellant used to beat his wife -complainant Rekha and his sons Pritesh and Yatish. That the accused was suspecting the chastity of his wife Rekha and was saying that the younger son Yatish was not his son and was a son begotten to Rekha from Janardan Patil. On that count he used to beat Yatish and Rekha. On 7th June, 2006 at about 8.00 a.m. the Appellant beat complainant Rekha and abused her, whereupon Rekha told him, not to suspect on her chastity and may not beat her and her son. She also told the Appellant to pay back the money taken from Janardan Patil. On her said saying the Appellant again beat her. On the same day i.e. on 7th June, 2006 at about 11.30 a.m. the Appellant had his lunch and then took both his sons for the school. At about 1.30 p.m. he came back home. There were bloodstains on his shirt. On enquiry he informed the complainant that he committed murder of Yatish on a road which goes to the creek from the Nursery at Koparkhairne. After hearing the same, complainant Rekha immediately rushed to the school in search of Yatish and found that he was not in the school. Therefore she went to the road which goes to the creek from Nursery at Koparkhairne and took search thereon. She found dead body of Yatish having injury on his forehead, ear, head and other parts of the body and those were bleeding. She immediately rushed to the police station and lodged a complaint against the Appellant. The said complaint i.e. F.I.R. is at Exhibit 11.

(3.) AN offence came to be registered against the Appellant bearing C.R. No.I -260 of 2006 under Section 302 of the Indian Penal Code with Turbhe Police Station, Navi Mumbai. PSI Suresh Mallav (P.W.14) recorded the complaint of Rekha. He then along with his superior officer visited the spot and prepared spot panchanama (Exhibit 32) and attached earth smeared with blood and six stones having bloodstains on it, inquest panchanama (Exhibit 57). He then arrested the Appellant by effecting arrest panchanama (Exhibit 34). He then sent the dead body of Yatish for conducting postmortem. Further investigation was carried out by Sr. P.I. Shinde. He recorded the statement of other witnesses. That on 9th June, 2006 the accused gave disclosure statement and in pursuance thereof showed the spot where the school bag of deceased Yatish was thrown by him. The said school bag was recovered under panchanama (Exhibits 41 and 42). Muddemal articles were sent to Chemical Analyser for analysis. The C.A. reports which are at Exhibits 51 and 52 were received during the course of investigation. P.W.10 -Dr. Bhushan Jain conducted the postmortem on the dead body of Master Yatish and the said report is at Exhibit 39. Dr. Bhushan Jain while performing autopsy of Master Yatish noticed the following external injuries on the body of Master Yatish :