The judgment establishes the principle that circumstantial evidence, when combined with the absence of alternative explanations, can be sufficient to establish guilt beyond reasonable doubt.

JUDGMENT

Sadhana S. Jadhav, J. - The appellant herein impugns the judgment and order dated 9th December 1997 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 465 of 1995, wherein the accused stands convicted for the offences punishable under section 302 and 201 of Indian Penal Code and sentenced to suffer imprisonment for life.

2. Such of the facts necessary for the decision of this appeal are as follows:-

a) That the accused is the only son of the deceased Leena. The deceased Leena along with the accused was initially residing at Bahrain. Her husband had expired 10 to 12 years prior to the date of incident. She had then returned to India. That she was residing in room no. B/6 at U.P. Nagar Building, Khar, Mumbai. Her son Alwynn i.e. the present appellant returned from Bahrain, he was initially residing along with his grandmother and thereafter he started residing with his mother at the given address. There was perpetual friction between the accused and the deceased. That on 16th December 1994 at about 9.30 a.m. to 10.00 a.m. Leena was found dead in her house. One of the resident of the said building namely PW.2-Lalit Navratan MalBed had noticed that there was a crowd in front of the room occupied by Leena and her son. He further saw Leena was lying in a prone position on the bed. She was facing downwards. That, PW-2 had accompanied the accused to the house of Dr. Somani who had refused to attend the deceased on the ground that it was a medico legal case. PW.2 had therefore informed the police telephonically about the death of Leena. The police had reached the spot within 15 minutes and the investigation was set in motion.

b) PW.7- Madhukar Choudhari-P.I. of Khar Police Station lodged a report at the police station. That, he had received a telephonic information from PW-2 that Leena Furtado has committed suicide in her residential house. He had also informed the A.P.I. that his information was based upon the disclosure made by the son of the deceased namely Allwyn Furtado (the present appellant).

c) On the basis of the said information and verification of the information, A.D. No. 101 of 1994 was registered under section 174 of Cr.PC. The F.I.R. further reads that the body was sent for autopsy and the post-mortem findings revealed that the cause of death was asphyxia due to violent strangulation (unnatural). Crime No. 551 of 1994 was registered at Bandra Police Station for the offence punishable under section 302 of Indian Penal Code against unknown person.

3. At the trial the prosecution has examined as many as 10 witnesses to bring home the guilt of the accused.

4. PW.1-Father Valerian D'souza, brother of the deceased Leena has been declared hostile. According to him, while in Bahrain the accused was residing with Leena. They have returned to India in the year 1994. In the initial period the accused was residing with his grandmother at Mangalore for a couple of months and thereafter had started residing with his mother at Mumbai.

5. According to him, on enquiry the accused had disclosed to PW-1 that on the previous night of the incident, Leena had returned home late in the night with one person namely Pinto (PW-3). That a quarrel had ensued between the accused and the deceased. That, PW.3 had allegedly assaulted the accused. Mr. Pinto had left the house and therefore, the accused had gone in search of PW.3 but when he returned home he saw the dead body of Leena lying on the ground. The last rites were performed on the dead body of Leena on 19th December 1994.

6. PW.2-Lalit MalBed is the person who had given telephonic information to the police on the basis of the disclosure made by the accused. He has deposed before the Court that he had no personal knowledge about the death of Leena but the accused had informed him about the suicidal death of Leena.

7. PW.3- Manual Pinto was closely associated with Leena. He has deposed before the Court that he was acquainted with Leena even before she got married. Their