Judgment

KHANNA, J. :- Kashinath (22) was tried in the Court of learned Additional Sessions Judge Bombay under Section 302 Indian Penal Code for causing the death of Anusuya (20) and was acquitted. On appeal filed by the State of Maharashtra, the Bombay High Court reversed the judgment of the trial Court, convicted the accused under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. Kashinath thereupon filed this appeal through jail by special leave.

2. The case of the prosecution is that the accused and Bapu (PW 10) were friends and used to take their meals as boarders with Hansabai, mother of Anusuya deceased, in Dhanji Street, Bombay. During their visits to the place of Hansabai, the accused and Bapu came in contact with her daughter Anusuya. Anusuya, who was already married, then started a love affair with Bapu. About three months before the present occurrence, Bapu ran away with Anusuya to Billimoria. The husband of Anusuya died soon thereafter. Bapu then brought back Anusuya to Hansabai s place. Shortly thereafter Bapu and Anusuya were married. They then started living in a room in Ulpi Uraj Chawl at Vakola, Santa Cruz, Bombay. The said room was taken on rent for them by the accused. He also used to visit Bapu and Anusuya there on Sunday and Saturday. A few days before the present occurrence, the accused took Anusuya along with him for pilgrimage to Kolhapur and other places.

3. At a short distance from Ulpi Uraj Chawl wherein Anusuya deceased used to live with Bapu, is another Chawl named Dattu Seth Chawl, Radhabai (PW 2) used to live in a room in that Chawl with her husband s brother s wife and sister. PW 7 Ganpat (24), who is a cousin of Radhabai, also stayed with Radhabai,Ganpat was employed in a small factory of wooden boxes. The said factory was located in a room in Ulpi Uraj Chawl. There were three rooms in that Chawl, one of which was occupied by Anusuya and Bapu. The adjoining room was occupied by Mrs. Mary Fernandez (PW 3) and her other family members, while the above mentioned factory was worked in the third room. Ganpat, who earlier had been taking his meals with Radhabai, started taking meals with Anusuya about eight days before the present occurrence. The accused, it appears, did not feel happy over that.

4. On the morning of March 30, 1969 it is stated, Ganpat PW went to the room of Anusuya, Bapu and the accused were present in that room. Ganpat then asked Bapu if he and his wife could be accommodated in the room in which Bapu was living with Anusuya, Bapu, however, expressed his inability to do so. Later on that day at about 4 p.m. Ganpat PW was sleeping near the entrance door of the factory room in Ulpi Uraj Chawl. The accused then came there and awakened Ganpat. The accused also gave two slaps to Ganpat. Ganpat then saw that the accused was holding a knife in his hand. Ganpat immediately jumped into the factory room and through the rear door ran out and concealed himself in a nearby but. The accused went after Ganpat but on not finding him, the accused went to the room of Radhabai PW and banged the door. The door was then opened and the accused asked Radhabai as to where her brother Ganpat was. The accused, who had a knife in his hand, also told Radhabai that he had murdered "that woman" and that he would also murder Radhabai unless she told the accused regarding the whereabouts of Ganpat. Radhabai made a hasty retreat into her room and the accused went away.

5. Pandurang (PW 5) and Shankar (PW 6), according to the prosecution case, also worked in the wooden box factory. They were at that time present near the factory room. The accused then came there and asked Pandurang regarding the whereabouts of Ganpat. The accused had a knife in his hand. Pandurang told the accused that he did not know regarding the whereabouts of Ganpat. Shankar PW then asked the accused as to what the matter was. The accused thereupon replied that he had murdered one woman. He also told Shankar to move a