JUDGEMENT
ARAVIND KUMAR, J. -
(1.)Leave granted.
(2.)The sole accused who is the appellant before us was charged for murdering his pregnant daughter and being dissatisfied with the judgement dtd. 06/08/2019 passed by the High Court of Judicature at Bombay in
Confirmation Case No.3 of 2017, by which the High Court confirmed the
judgement and order of death sentence awarded by the Trial Court for the
offences punishable under Sec. 302, Sec. 316 (10 years rigorous
imprisonment and fine of Rs.5,000.00) and Sec. 364 (life imprisonment)
of the Indian Penal Code, 1860, the present appeal has been preferred.
BRIEF FACTS
(3.)As per the case of the prosecution, the deceased Pramila was the daughter of appellant/accused and PW1/Smt. Aruna Kumbharkar and she is
said to have married Mr. Deepak Kamble in the year 2013 against the wishes
of her father and it was an inter-caste marriage. On 28/06/2013 at 5:30 AM,
the appellant is said to have left his house and travelled in the auto rickshaw
of PW2/Complainant/Pramod Ahire by informing him that his brother
Navnath had met with an accident and requested PW2 to go to Kailash
Nagar, Nandurnaka. Appellant is said to have informed PW2 on the way
that there was no incident of accident of his brother, however, his mother
was serious, and her last wish was to see her granddaughter Ms. Pramila.
Hence, they proceeded to the house of Pramila and, appellant is said to have
informed Pramila's mother-in-law/Sangita Kamble/PW3 that the health of
his mother had deteriorated and she was in serious condition and she was
longing to meet Pramila. PW3 is said to have informed the appellant that
Pramila was nine months pregnant and that she had an appointment with the
Doctor at 11:00 AM. However, the appellant is said to have promised to get
Pramila back by 10:00 AM and accordingly appellant and PW2 took her in
the autorickshaw to Savkar Hospital. When they reached near the hospital,
the appellant told the PW2/Complainant that his maternal uncle is working
in Savkar Hospital as a watchman and instructed PW2 to secure him.
Accordingly, PW2 entered inside the hospital and called him and there was
no response and after some time it was intimated by the ward boy of the
hospital that watchman whom the PW2 was searching was not working
there. Thereafter PW2 returned towards his auto rickshaw and at that point
of time he saw, Pramila lying down on the lap of the appellant in the auto
rickshaw and her neck was being strangulated by a rope in the hand of the
appellant and he found foam was oozing out from her mouth. PW2 rushed
towards the autorickshaw and questioned the appellant and was informed
that he was not concerned with the consequence as she had spoiled his
reputation. PW2 started screaming and people from nearby area came near
the autorickshaw but did not lend any helping hand. Thereafter PW2 dragged
the appellant out of autorickshaw. PW2 is said to have attempted to save
Pramila by dragging the appellant away from her and at that point of time
appellant is said to have ran away from the spot. PW2 immediately took her
to Savkar Hospital and the doctor informed him to take her to civil hospital
as it was a police case. Hence, PW2 immediately took her to civil hospital
where the doctor declared Pramila as dead. Subsequently, PW2 lodged a
police complaint and on the basis of the same, police registered an FIR in
CR No.159/2013.
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