Back
1977 Supreme(SC) 290
SUPREME COURT OF INDIA
P.K. GOSWAMI, P.N. SHINGHAL AND JASWANT SINGH, JJ.
Rau Chima Chougule, Appellant
Versus
State of Maharashtra, Respondent.
Criminal Appeal No. 50 of 1977,
D/- 28-9-1977.
Advocates Appeared
Mr. K. C. Dua (Amicus Curiae), for Appellant; Mr. M. N. Shroff, Advocate, for Respondent.
Headnote:
Indian Penal Code - Section 302 – Offence of murder – Appeal against conviction - Appellant used to reside in Kolhapur where he was working as a skilled laborer - His eldest daughter was married to P. W. 9 some six years before incident and used to live near his house - Appellants wife died nearly four years before incident - He used to reside in a one room tenement along with his second daughter his third daughter and his fourth daughter – Deceased belonged to village of district and used to work under aforesaid as a tea vender - For about a month before incident which has given rise to present appeal started working with his cousin - It is alleged that while was working he and the appellants second daughter fell in love - Appellant however settled marriage with another boy - At time of betrothal ceremony on April when several guests had assembled at house for occasion escaped on pretext that she wanted to put on new bangles - She did not return and appellant gave out that she had fallen ill and had been hospitalized - Boys party therefore left place - It is further alleged that eloped on April - Appellant came to know on May that they were both living in house – Held, Appellant tried to suggest in his statement that he went to ease himself and that someone entered his room in his absence and murdered his daughter and son-in-law - He also tried to establish from statement of his other daughter was a girl of easy virtue - He tried to suggest that his clothes were stained with blood as they were hanging on wall on a nail - High Court has considered defense and has given adequate reasons for rejecting it - It would thus appear that there is no reason for us to interfere with finding of High Court and conviction of appellant for the offences under section 302 I.P.C. is fully justified - Court have considered question of sentence also - Here again High Court has rightly taken into consideration special reasons for confirming sentence of death - Appellant lured his son-in-law and his daughter into belief that they were happy and secure under his roof - They were living with him was giving even his daily earnings to him - Appellants daughter latched door of room from inside therefore went to bed with a sense of security and protection under appellants roof – Appellant however had decided to murder them - He killed them with an axe and intensity of blows on vital parts of their bodies leaves no room for doubt that he had selected those parts for attack - Murders were therefore not only pre-planned and cold-blooded but were acts of treachery of worst kind as stated by High Court - Appellant was not an immature person as he was sixty years old at time of commission of murders and court are unable to think that High Court erred in taking view that there were special reasons which it has recorded for imposing extreme penalty of death - Appeal Dismissed
Judgment
SHINGHAL, J. - This is an appeal by special leave of Rau Chima Chougule who was convicted of an offence under Section 302, I.P.C. on two counts for murdering his daughter Vijaya and his son-in-law Shivaji Ananda Dalvi. The Sessions Judge sentenced the appellant to death. His conviction has been upheld and the sentence of death has been confirmed by the judgment of the Bombay High Court dated July 20/21, 1976.
2. Appellant Rau Chima Chougule used to reside in Kolhapur, where he was working as a skilled labourer. His eldest daughter Vatsala alias Kalpana (D. W. 1) was married to Dhondiram (P. W. 9) some 6 years before the incident, and used to live near his house. The appellants wife died nearly four years before the incident. He used to reside in a one room tenement along with his second daughter Vijaya (deceased) aged about 18-20 years, his third daughter Sanjivani (P. W. 2) aged about 14 years and his fourth daughter Sunita (P. W. 6) aged about 10 years. Shivaji Ananda Dalvi (deceased) belonged to village Bambarde of Kolhapur district, and used to work under the aforesaid Dhondiram as a tea vender. For about a month before the incident which has given rise to the present appeal, Shivaji Ananda Dalvi started working with his cousin Maruti Patil (P. W. 26). It is alleged that while Shivaji Ananda Dalvi was working with Dhondiram, he and the appellants second daughter Vijaya fell in love. The appellant however settled the marriage of Vijaya with another boy. At the time of the betrothal ceremony on April 2, 1975, when several guests had assembled at the house of Dhondiram for the occasion, Vijaya escaped on the pretext that she wanted to put on new bangles. She did not return and the appellant and Dhondiram gave out that she had fallen ill and had been hospitalised. The boys party therefore left the place. It is further alleged that Vijaya and Shivaji Ananda Dalvi eloped on April 22, 1975. The appellant and Dhondiram came to know on May 10, 1975 that they were both living in the house of Shivaji Ananda Dalvi at Bambarde. They went there in a taxi to fetch Vijaya and, on the way, they recorded a complaint (Ex. 19) at police station Radhanagri alleging that Vijaya was under 16 years of age and had been kidnapped by Shivaji Ananda Dalvi and that they had taken away some money and ornaments. The Station House Officer accompanied the appellant and Dhondiram to Bambarde. They found Shivaji Ananda Dalvi there, but Vijaya had gone to the river to fetch water. They all then went there and brought back Vijaya and Shivaji Ananda Dalvi to the police station. As Shivaji Ananda Dalvi and Vijaya expressed their desire to get married, the appellant gave it in writing at the police station that Vijaya was in fact 20 years old and that as she wanted to get married to Shivaji Ananda Dalvi, he did not want to proceed further with the matter because he had not in fact lost any ornaments or money. The appellant, his son-in-law Dhondiram, Vijaya and Shivaji Ananda Dalvi thereafter returned to Kolhapur. Vijaya and Shivaji were married the same day, in the local temple. After their marriage, Shivaji and Vijaya started living with the appellant. Shivaji, as has been stated was then working with his brother Maruti Patil (P. W. 26). He used to pay his daily earnings to the appellant. The appellants daughter Vijaya looked after the household including her two younger sisters Sanjivani and Sunita. It appeared as though the appellant had reconciled himself to the marriage of Vijaya and Shivaji. It is the case of the prosecution, however, that this was really not so because when the appellant attended another wedding in the company of Dhondiram (P. W. 9), he remarked that while that marriage was being celebrated with fanfare, his own daughter was married stealthily.
3. It has been alleged by the prosecution that immediately before the incident the appellant went to Dadoba Sutar (P. W. 14) who was a blacksmith of village Balinga, and got his axe (Art. 8)
