The main legal point established in the judgment is that the appellant's possession of stolen articles soon after the incident, his presence at the scene of the crime before and during the incident, and the seizure of blood-stained clothes were crucial in establishing his guilt under sections 302 and 392 r/w section 34 of IPC.

JUDGMENT :

S.P. TAVADE, J.

The appellant-original accused has preferred this appeal to challenge the Judgment and conviction order passed against him by the learned Additional Sessions Judge, Dindoshi in Sessions Case No.38 of 2013. The appellant is convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5000/- in default to suffer simple imprisonment for six months. The appellant is also convicted for offence under section 392 read with section 397 of IPC and sentenced to suffer Rigorous imprisonment for seven years and to pay fine of Rs.2000/- in default to suffer simple imprisonment for three months.

2. The prosecution case unfold as under :

First informant Chetnaben Premji Vora is a daughter of deceased Nirmala Premji Vora. She was running a sugarcane juice stall near inorbit mall, Malad. She was residing with her mother at Room No.8, Nemani Chawl, Malad (West), Mumbai. Informant used to visit her juice centre at 11.30 a.m. and used to return home at 11.30 p.m. Sometimes she used to return home for lunch.

3. On 4th November 2012 at about 11.30 p.m. informant went to her shop. She did not visit her house for lunch. At the relevant time, one Mr.Balli was working with informant. He used to clean sugarcane at her residence and then used to bring it in the shop. At 4.30 p.m. informant called her mother and asked her whether the servant Mr.Balli had proceeded to the shop. Her mother replied that the work is not completed and hence Mr.Balli may stay for some time and then he will attend the shop. On the same night at about 9.30 p.m. to 9.50 p.m. informant gave calls to her mother but there is no reply from her.

4. Ultimately, at 11.30 p.m. informant went to her house. The door of her house was closed but it was not latched from inside. She opened the door and found her mother lying in the pool of blood. Knife was pierced in her chest and there was deep injury on her neck. Informant removed the knife and threw the same in the room. She found two cupboards in the room were in open conditions and clothes therein were in scattered in the room. Informant shouted for help. Her neighbours gathered in the house. One of them called Dr.Kabra who examined her mother and declared her dead. Somebody called police in the room. The informant found one tooth in between sofa cum bed, she handed over the same to the police.

5. Accordingly, police made enquiry with the informant and others. Informant checked her cupboard and of her mother and she did not find a plastic bag containing Rs.35,000/- as also a pot of ornaments having (1) one gold mug chain, (2) one gold chain, (3) Two gold bangles, (4) two gold bangles (radium and gold plated). She also did not find coins of Rs.1000/- to 1100/- and imitation jewellery kept by her mother in a plastic bag containing two bangles gold and silver plated, one bangle of artificial diamonds, one gold plated bangle, ten pairs of artificial bangles gold plated, three malas of imitation jewellery, one necklace of imitation jewellery, one necklace of white pearls, one pair of ear ring and two pandles. Informant lodged FIR. The dead body of Nirmala was sent to Post Mortem examination.

6. On the basis of FIR, crime was registered against the unknown person. On investigation, it was revealed that appellant was working with the informant for about 2 months. He was addicted to liquor. Hence, he was removed from service. Informant had given the appellant a mobile phone but he did not return the same. On the basis of call record, it appeared that the appellant was moving in the vicinity at the time of incident. One Mr. Patel was supplying sugarcane to the appellant through his servant. On the day of incident, Patel had supplied sugarcane. The employee of Patel stated that the appellant was moving in the area. Hence, police searched for the appellant. Ultimately, appellant was found at his native place in Rajasthan at Udaypur. He came to be arr