The court affirmed that premeditated murder requires intent and that corroborative evidence from an eyewitness, alongside forensic data, can prove guilt beyond a reasonable doubt.

JUDGMENT :

Sarang V. Kotwal, J.

1. This Appeal is preferred by the original accused in Sessions Case No.448 of 2013 before the learned Additional Sessions Judge, Greater Mumbai. Vide his Judgment and order dated 11.05.2017, the learned Judge convicted him. The case involved commission of murder of two victims Seema Inchal and Rajendra Rane. Seema was the appellant’s wife and Rajendra washis friend. At the conclusion of the trial, the Appellant was convicted for commission of the offence punishable U/s.302 of the I.P.C. under two separate heads for committing two murders. For each of these heads, he was sentenced to suffer life imprisonment and to pay a fine of Rs.10000/- and in default of payment of fine to suffer S.I. for six months. He was also convicted for commission of offence U/s.324 of the I.P.C. for causing injuries to one Mitesh and for that offence he was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/- and in default to suffer S.I. for one month. The sentences were directed to run concurrently. He was given set off U/s.428 of the Cr.p.c.

2. The prosecution case, in short, is that the Appellant was suspecting that there was illicit relation between Mitesh and the Appellant’s wife. On 07.01.2013, in the afternoon, the Appellant called Mitesh to his house. The second victim Rajendra happened to accompany Mitesh to the appellant’s house. The Appellant questioned Mitesh and his own wife about the relationship. The quarrel took place and it is alleged that the Appellant stabbed his wife multiple times. He also stabbed Rajendra multiple times. But he allowed Mitesh to escape. Mitesh went to the police station. He was followed by the Appellant. The Appellant was carrying the murder weapon. He was arrested. His clothes and the weapon were seized. In the meantime, the police on the patrolling duty were informed. They went to the spot and removed the victims to the hospital. The F.I.R. was lodged vide C.R.No.11 of 2013 at Sakinaka police station, under sections 302 and 307 of the I.P.C. against the Appellant for committing murder of Seema and Rajendra and also for committing the offence U/s.307 of the I.P.C. for causing injuries to Mitesh. The investigation was carried out and the charge-sheet was filed. The case was committed to the Court of Sessions.

3. During trial, the prosecution examined 17 witnesses including the injured Mitesh, the Appellant’s daughter, the pancha witnesses, the Medical Officers, the victim Seema’s father, the victim Rajendra’s wife and the police officers. The defence of the Appellant, as is reflected from his examination U/s.313 of the Cr.p.c., was of total denial. The Appellant examined Head Constable Shivaji Malgunde as DW-1 to prove that he himself had suffered injuries in the offence.

4. The learned Judge relied on the evidence of PW-1 who was an injured eye witness. He considered whether the offence would fall within any of the Exceptions to Section 300 of the I.P.C. and ultimately, he reached the conclusion that the Appellant had committed the offence U/s.302 of the I.P.C. The learned Judge convicted and sentenced the Appellant, as mentioned earlier.

5. PW-1 Mitesh Ghonge is the most important witness in this case. He has deposed that he was residing at Jogeshwari. He was working with a company in the marketing department. He was working as an Agent for that company. His job profile was to sell holiday packages to the customers. The head office of the company was at Wadala. It had different branches. The Appellant was known to him. He identified the Appellant in the Court. The Appellant used to work with him as a part time job. PW-1 also knew Rajendra Rane in connection with his business.

6. On 07.01.2013, there was a meeting of Agents in Rajendra’s house. It was held in the morning at Jogeshwari. The Appellant and PW-1 attended the meeting. It continued till about 2:45p.m. The Appellant gave two forms to PW-1 for giving them in their Borivali branch. PW-1 reached that branch at a