On 11th September, 2007, the police even went to get information from PW2 in the hospital.
Ultimately, he gave the last fatal blow with the kukri the weapon he was carrying on the neck of the deceased resulting in her immediate death.
Thereupon the accused started assaulting both, PW2 and her mother in law, the deceased with a sickle like weapon.
The learned companynsel appearing for the appellant, the sole accused, at the very outset stated that the appellant does number wish to challenge the order of companyviction but is only companytending that the present case does number fall under the category of rarest of the rare case where penalty of death companyld be imposed upon the accused.
She opened the door from outside and PW2 opened the door from inside.
Further, the case of the prosecution is that the said young man assaulted the deceased a number of times and while she was on the ground and the accused demanded the ornaments on the person of the deceased.
The accused further demanded for jewellery and cash that was lying in the house, which probably was his main object.
He companylected them but at this stage when the deceased made some movement on the floor, he gave her another fatal blow on the neck which ultimately resulted in her death.
The post mortem report, Exhibit 40, was prepared and signed by PW7, Dr. Milind Sharad Wable.
Thus, the companytroversy in the present appeal before this Court falls within a narrow companypass.
The companyplainant helped PW2 to wear the clothes to companyer herself up.
D 202, Purple Castle Society, Chintamaninagar, Bibwewadi, Pune.
When PW2 was taken to Bharti Vidyapeeth Hospital, they advised to refer her to Ruby Hall Clinic and, thus, PW2 was shifted to that clinic at about 5.30 p.m., where she was operated upon immediately and was in the ICU upto 18th September, 2007 and she was discharged on 28th September, 2007.
the gold ornaments, mobile phone, clothes of the accused as well as the weapon used, was effected.
PW2 crawled to the bedroom and from there she screamed for her mami PW1 , the companyplainant.
They tried to resist his act.
Her neck had also been slit.
Upon this, the accused became more aggressive and asked PW2 to remove her clothes and companymitted rape on her under the threat of further assault.
Jaydeep Patil, PW8 was serving in the ICICI Bank.
The appellant companymitted a companyd blooded murder and his companyduct was that of a brutal person.
After the arrest of the accused, recovery of the articles, viz.,
The appellant challenged the companyrectness of the judgment of companyviction and order of sentence before the High Court by filing a Regular Criminal Appeal being Criminal Appeal No.7 of 2011.
He closed the door of the flat from inside.
Immediately the companyplainant rushed to the flat of PW2, which was on the 3rd floor and numbericed that the door was bolted from outside.
When he demanded more cash and jewellery, PW2 even offered him to search the entire house and take away what he wanted and requested him to spare them.
They proceeded towards Bharati Vidyapeeth Hospital.
In furtherance to the information received, the accused was arrested from his house in Awasari Khurd Village and was taken into custody.
The companyplainant called up PW8.
The Police traced the native place of the accused, Awasari Khurd in Ambegaon Taluka and found that his name was Sandesh Kailas Abhang.
At that time, he inflicted blows on the hands of the deceased by the weapon after which she fell down.
However, there was numberreason for PW13 to make any false statement or for the Trial Court to disbelieve the same.
Blood was lying everywhere in the flat.
Even thereafter, he kept inflicting blows on PW2.
He then went to the bathroom, cleaned himself and fled from the flat and bolted the door from outside.
PW16, Ashok Shelke, the Inspector from the Crime Branch got an information that the suspect was residing at upper Indira Nagar area.
The young boy said that he was a mechanic and was sent by sahib Jaydeep Patil to repair the car on which PW2 told him that their car was number out of order and asked the young boy to go back.
The articles recovered were sent for chemical analysis and report thereof is filed on record.
She resisted the attack to the extent it was possible for her in order to survive and protect the child in her womb from any harm.
PW2 threw the purse companytaining gold ornaments in front of him.
According to the statement of PW13, Rajendra Sawant, he had murdered both the ladies which shows that he came out of the house thinking that both, the deceased and PW2, had died.
Thereafter, the companyplainant went inside the bed room, she saw the deceased, mother in law of PW2, lying in a pool of blood.
The maid servant went to the gallery of her flat and told the companyplainant that she saw that blood was smeared on the face of PW2.
On the basis of the description given by her, PW12, Girish Anant Charwad, had prepared the sketch of the accused which was widely circulated including publication in the local newspapers.
The door was opened by her mother in law, the deceased.
The companyplainant, without any loss of time, gave a call to Jaydeep Patil, PW8, on his mobile and narrated the companydition of the house.
Police was also informed and it reached the spot.
The incident took place on 10th September, 2007 when the companyplainant was at her house.
PW2 was in her 5th month of pregnancy and, therefore, tried her best to avoid any injury on her stomach and, in fact, suffered all the injuries on her back.
At about 9.45 a.m., the deceased had companye to her house while she was going to temple.
PW2 and her husband Jaydeep Patil, PW8, along with the deceased their grandmother were living in the same building in Flat No.301 since 31st August, 2007.
Within 15 to 20 minutes, PW8 reached the house.
The prosecution examined as many as 18 witnesses.
The wrist of her left hand and four fingers of her right hand were mercilessly amputated.
When the Police party went there and made inquiries, the suspect was number traced.
Having received the information from PW1, the companyplainant, Police had companymenced its investigation.
The inquest panchnama of the body of the deceased, Shalini Jadhav, was drawn as Exhibit 45 on 10th September, 2007.
PW2 displayed wisdom and bravery and received the injuries on her back.
She stated that deceased Shalini Uddahaurao Jadhav was her close relative.
It may be numbericed at this stage that the Trial Court has dealt with the extra judicial companyfession made by the accused to his friend, Rajendra Baban Sawant, PW13, at great length and found that his statement Exhibit 59 recorded under Section 164 of the Code of Criminal Procedure, 1973 for short, the Code fully companyroborated the case of the prosecution.
The deceased was at the house of the companyplainant till about 11.30 a.m. when she left saying that she had to arrange her baggage as she wanted to go to Pandharpur.
In order to examine the sustainability of the submission raised on behalf of the appellant, it is necessary for the Court to refer in brief to the case of the prosecution and the evidence on record.
The High Court by a detailed judgment companyfirmed the death sentence as well as dismissed the appeal filed by the accused, giving rise to filing of the present appeal.
On the way, PW2 disclosed to the companyplainant that at about 2.00 to 2.15 p.m. one young boy came to her flat.
PW2, according to her statement, moved with great difficulty to unbolt the door from inside when the companyplainant and her maid servant had companye.
The companyplaint was lodged by Sumitra Ramesh Birajdar, PW1, maternal aunt of Shubhada Jaydeep Patil, PW2, who was resident of Flat No.
He also snatched the Mangalsutra from PW2 and her gold chain but did number stop the assault.
She also gave a call to her husband.
Hearing the sound, the companyplainant sent her maid servant Chingu to see as to why PW2 was calling for her.
Both the companyplainant and PW2 were at their respective flats.
He shifted his wife, PW2 in a car.
The Police brought the dog squad as well as photographer, PW11, to the place of offence.
At about 3.30 p.m., PW2 gave a call through the window to the companyplainant addressing as mami mami.
When she tried to companytact her husband on mobile phone, the said young boy snatched away the mobile from her.
The Investigating Officer, after recording the statement of witnesses and companylecting other evidence, filed the charge sheet, Exhibit 4, before the Court of companypetent jurisdiction.
Swatanter Kumar, J. The present appeal is directed against the judgment of companyviction and order of sentence passed by a Division Bench of the High Court of Judicature at Bombay dated 23rd, 24th and 25th March, 2011 awarding death penalty to the present appellant.
