Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. Shinde, N.R. Borkar, JJ.
Shri. Haresh Narendra Gharat - Appellant
Versus
The State of Maharashtra (Through Tarapur Police Station) - Respondent
Criminal Appeal No. 136 of 2013
Decided On : 07-01-2022
Indian Penal Code, 1860 - Section 302 - Evidence Act, 1872 - Section 101, 102, 103, 104, 105, 106 - Code of Criminal Procedure, 1973 - Section 313 - Appeal – Offence of Murder - Appeal is directed against judgment and order - Whether complainant had informed incident to him telephonically - Whether those articles were kept in safe custody or otherwise and during said period of 21 days whether there was tampering with said articles or otherwise – Held, Court have carefully perused findings of trial Court and surprised to note that trial Court while convicting appellant in Para 17 observed that, on account of alleged illicit relations of accused with another lady there is possibility that accused himself must have throttled and in process attempting to save herself, button Article-2 must have loosen from shirt and there must be blood applied to his Shirt - It is very unfortunate that in case based upon circumstantial evidence, trial Court instead of recording definite findings observed that there is possibility that, accused must have throttled deceased for said alleged illicit relations with said lady - Prosecution did not bring on record who was said lady and with whom appellant had alleged illicit relations - Secondly, PW1 brother of (deceased) in his cross examination stated that two to three months prior to alleged incident appellant and deceased were residing happily - Court are of considered view that impugned judgment and order passed by trial Court cannot legally sustain, and therefore, inevitable conclusion is that appellant/accused is entitled for benefit of doubt deserves - Criminal Appeal is allowed.
JUDGMENT :
S.S. SHINDE, J.
1. This appeal is directed against the judgment and order dated 16.10.2012 passed by Additional Sessions Judge, Palghar, thereby convicting the appellant-original accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default to suffer further imprisonment for six months.
2. The prosecution story in nutshell can be summarized as under-
On 29.08.2010 one Shashikant Churi, resident of Dahisar, Taluka- Palghar, District- Thane lodged a complaint in Tarapur Police Station stating that he along with his wife, mother, one sister Kamal and son Kavya reside at above address, works at Boisar and maintains his family. His younger sister Mrs. Vaishali (deceased) married with Haresh Gharat (original accused) about two years back. Said Haresh is driver by profession. Their married life was going nicely. He further stated that about 1 ½ years back said Haresh got job over a bus of Arjun Travels, and therefore, he was finding it difficult to attend his duties from Palghar, and therefore he had taken a room on rent at village Pofaran and they started residing over there. He further stated in the complaint that after initial period of their marriage his sister Vaishali (deceased) used to tell them about Haresh’s having extra marital relations with one girl at Palghar and on that account he is ill treating her. About six months back said Vaishali (deceased) has been to his house and Haresh was living alone at village Pofaran. At that time he had seen said Haresh going along with one girl, and therefore, after returning home he narrated the incident to his sister Vaishali (deceased), and dropped Vaishali (deceased) at her matrimonial house at village Pofaran, and thereafter, in order to see that said Haresh should quit the relationship with said woman, he had called relatives and tried to convince him. At that time, Haresh had assured them that he will lead the matrimonial life happily and they started living married life happily. Thereafter, his sister Vaishali used to tell them that said Haresh is coming home in a drunk condition and he constantly speaks over a mobile with a woman and he harassed her.
3. On 28.08.2010 he was having some work as to their lands and therefore he himself, his mother, his sister Vaishali and said Haresh had been to Palghar. After their work was done, they returned to their respective homes. At that time, Vaishali and Haresh, the accused, also returned to their matrimonial home and at the very time, Vaishali told him that she will bring tea powder for him and he should collect it next day while returning from his work. On 29.08.2010 at about 8.00 am when he was at home, he received a phone call from Vaishali who told him that she has brought tea powder for him and again requested him to collect the same while returning from the work. Therefore, till 2.30 pm, he worked at his work place and about 3.00 pm, he went to the house of Vaishali to collect the tea powder, at that time, he found door of her house closed and therefore, he gave calls to her by taking her name. But he did not get any reply, and therefore, he pushed the door and went inside the house. At that time, he found that T.V. set in the house was on, meal was served in the plate. Again he gave call to his sister by taking her name, but he did not get any reply, and therefore thinking that she must be in a toilet, he waited for some time. After some time, he went near the toilet but in the toilet there was nobody. Rear side door of the house was opened, and therefore, he went inside the bedroom, but she was not there over the bed. However, near the wall of the bedroom beyond the bed he found said Vaishali lying. There was blood over her face, one pillow was there over her chest and therefore, he went close to her and noticed that she had died due to pressing of her throat and said Haresh was not at home,
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
