JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. Appellant-Anand Prakash Aadtani is assailing judgment dated 14-10-2016 rendered by the learned Principal District and Sessions Judge, Nagpur in Sessions Trial 350/2013 whereby the appellant is convicted for offence punishable under Section 302 of the INDIAN PENAL CODE (IPC) and is sentenced to suffer rigorous imprisonment for life and to payment of fine of Rs. 5000/- (Rupees Five Thousand) and in default of payment to suffer further rigorous imprisonment for three months.

2. Along with appellant, his brother Suraj Prakash Aadtani (A-2) and his mother Madhu Prakash Aadtani (A-3) faced trial. A-2 and A-3 are acquitted.

3. The prosecution case:

Deceased Ramesh Govindram Chandi was the father of Kanchan (PW4) who is married to A-2 Suraj. Accused were residing jointly. Appellant is married to Mahak and the couple were pursuing the Chartered Accountant (C.A.) course. Kanchan and the appellant and his wife Mahak did not see eye to eye on domestic issues and quarreled frequently. In the fit of anger, Kanchan used to often go to her parental house at Jaripatka, Nagpur.

4. The prosecution narrated all the backdrop and the incidents resulting in the death of Ramesh Chandi, as discernible from the report lodged by Smt. Kanta (PW-1), the widow of the deceased is thus:

The entire family of the accused used to pick up altercations with Kanchan who was forced to stay with her parents on 7-8 occasions. Fifteen days prior to 21-4-2013, which is the date of incident, Kanchan came to her parental home. At 4.30 p.m. on 21-4-2023, A-2 Suraj came to the parental house of Kanchan and persuaded her to return to her matrimonial home. Kanta called her daughter Kanchan after 30 minutes to enquire whether she was comfortable. Kanchan started crying and she implored Kanta to take her back to the parental house. Kanta and her son Karan went to the house of the accused. A-2 Suraj asked them to take Kanchan along, however, Kanta and Karan assuaged the feelings of Kanchan and did not take her back with them. After returning home, Kanta and the deceased went to Hotel Tuli to attend the party. After the party, while returning home, Kanta called Kanchan to check whether she was fine and again Kanchan started crying and insisting that she be taken back to her parental home immediately. Kanta and the deceased reached the house of the accused in their Fiat Punto car MH-31/DC-5249 at approximately 11.15 p.m. While Kanta and the deceased were proceeding the house of the accused, Kanchan came at the main gate, she was followed by her mother-in-law, appellant and Suraj. Kanchan’s mother-in-law was speaking in enmity and offensive manner. Kanchan asked the deceased to go home and made him to sit in the car and asked her mother Kanta to get in the car. While Kanta was about to take her seat in the car, suddenly, the appellant pushed Kanchan aside and assaulted Ramesh on the cheek, neck and chest with a knife which he had kept hidden in his hand. The appellant struck repeated blows and A-2 and A-3 were instigating the appellant. Since Ramesh was bleeding profusely, Kanta and Kanchan, who were frightened and shocked, removed him from the driving seat and made him lie on the rear seat. Ramesh was taken to the Udasi Hospital where the doctor advised that he be immediately taken to the Mayo Hospital. In the meanwhile, Kanta’s brother Kamal Manwani arrived and it was in his Tavera car that Ramesh was taken to the Mayo Hospital where he was declared dead.

5. On the basis of the report lodged by Kanta, Crime 179/2013 was registered at 1.00 a.m. on 22-4-2013 for offence punishable under Section 302 read with Section 34 of the IPC. API Alka Nikalje visited the spot and prepared spot panchanama (Exhibit 56). She collected samples of the plain earth and blood mixed earth and a pen from the spot. Appellant and A-2 were arrested. PI Umesh Besarkar