JUDGMENT :

Ravindra V. Ghuge, J.

1. “Hai maujazan ek kulzum-e-khoon kaash yahi ho

Aataa hai abhi dekhiye kya kya mere aage” –

Mirza Ghalib

We find the above verse by the renowned poet Mirza Ghalib, quoted in Bhagwan Dass vs. State (NCT of Delhi) , (2011) 6 SCC 396 .

2. By the Confirmation Case, the sentence of hanging by the neck till the accused Krishna Sitaram Pawar is dead, is placed before us under Section 366 of the Code of Criminal Procedure, for confirmation. By an appeal preferred by the accused Krishna Sitaram Pawar, he prays for the quashing of the impugned judgment and sentence dated 18.06.2020 delivered by the learned Additional Sessions Judge, Jalna in Sessions Case No.26/2016.

3. We have heard the learned Assistant Public Prosecutor (A.P.P.) on behalf of the State and the learned Senior Advocate on behalf of the accused, from 20.10.2020 till 23.10.2020, 27.10.2020 till 29.10.2020, on 24.11.2020 and 27.11.2020. Both of them have extensively referred to the appeal paper book, the record and proceedings and the Muddemal.

(I) PROSECUTION STORY

4. An F.I.R. was registered by Akash Dwarkadas Rathod, aged 22 years, on 24.10.2015 at 16.10 hours. Based on the same, the Police have investigated the murder of Sumanbai (mother-in-law of the accused Krishna) and the quick born child (a full term baby girl) and the attempted murder of Lalita and Alkabai. The prosecution succeeded in acquiring the judgment of conviction against the accused Krishna on the following facts:-

(a) Akash, PW-4, is the first informant, who lodged the complaint, Exhibit 20, on 24.10.2015 stating that the accused Krishna was doubting the character of his wife Lalita, who is the sister of Akash. Because of his domestic violence, Lalita returned back to her parental home while being six months pregnant, expecting a second child. On 24.10.2015, the accused Krishna reached the parental house of Lalita and insisted on taking her back. By the time, she was about 09 months pregnant. The deceased Sumanbai (mother of Lalita) told him that he should come along with his parents to Taluka Ambad. Lalita would also come there and there can be a mutual discussion/understanding. Akash, Sumanbai, Alkabai (real sister of Sumanbai) and Lalita had planned to travel to Ambad to meet a relative Balasaheb Pawar, who was admitted in a hospital at Ambad.

(b) The above three ladies and Akash travelled to Ambad and upon reaching the hospital, were told that their relative had already been discharged. They reached Walkhed point rickshaw stand so as to travel back to their village Walkhed, at about 02:00 pm. Akash told these three ladies to wait near the Ambedkar Chowk since he wanted to do his personal work in the Tehsil Office, Ambad and would return in a short time. After he left on a motorcycle to do his personal work, he received a call on his mobile phone from one Shri Kailas stating that the accused Krishna had stabbed these three ladies with a knife. Akash, therefore, urgently returned to the spot and he saw the three ladies having collapsed on the ground. The accused Krishna was standing there with a knife in his hand that was blood stained. On seeing Akash, he fled along with the knife. Akash got the three ladies admitted to the Government Hospital at Ambad and reached the Ambad Police Sta