By that time, Balan who was informed by Deepa had companytacted Shashidharan and companye to Navghar along with Shashidharan.
She asserted that accused Dilip A 1 and Manoj A 3 started stabbing her father.
Bhosale had also sent a message to Manikpur Police Station to send one mobile van.
One knife, pant and shirt having blood stains were recovered at the instance of Dilip.
It is further stated that Dilip and Manoj rushed towards her and inflicted knife blows on face, stomach and other parts of her body.
She, thereafter became unconscious and regained her companysciousness only on the next day in Bhagwati Hospital where she was admitted for about 1 1/2 months.
She then adds that afterwards accused Sunil entered the room and deceased Abhayraj also entered the room and Sunil inflicted the blow with knife on him and he ran away and was followed by Sunil.
According to the prosecution, accused Dilip had assaulted Sushma with kicks and fist blows on account of her love affair with Prabhu and had also threatened that in case she married Prabhu, both will be eliminated.
As per the prosecution case, Dilip asked Sunil and one unknown person to take Prabhu out of the house and kill him.
Abhayraj was the immediate neighbour and used to live in between the houses of Tiwari household and Noichil household.
She also asserted that Manoj lived in the house of accused Dilip only.
At that time, Sunil who had gone out along with the unknown assailant came back and inflicted knife blows over the neck of Abhayraj Bachhu who had in the meantime companye there.
He, of companyrse, refuted this suggestion.
She shouted and it is at that time her mother Indira came and she was also given blows by Manoj and Dilip because of which her mother fell down.
At that time accused Manoj inflicted blows with knife over hand, chest and cheek of Bijit as a result of which Bijit fell down.
She was a companylege going girl at the time of her marriage and she companytinued her education even after her marriage.
At that time, she was also assaulted by Dilip accused No.1 and Manoj accused No.3 .
He was candid enough to admit that he did number know the names of fathers and surnames of Manoj and Sunil.
Sushma was allegedly present at the time when Balan came to her house and a suggestion was given to him that they enquired from Sushma about the names of Manoj and Sunil.
Prabhus body was also sent for post mortem.
Deceased Krishnan Nochil opened the door.
Balan PW 1 , on receiving the phone call in the dead of night from Deepa, rushed to the Noichil household in Khairpada Waliv at about 4O clock in the morning only to find that his son Bijit and brother in law Krishnan Nochil were dead and lying in the pool of blood while Deepa, Indira and Prabhu who were alive, were shifted to the local dispensary by Head Constable Bhosale who was on bandobast duty at check post, Sativali Khind, who had rushed to the spot on being informed.
She was extensively cross examined as regards the topography of the place and the topography of her house as also the role played by him.
That, in our opinion, is an insignificant companytradiction.
Indira, mother of Prabhu who was also seriously injured somehow opened the front door and shouted bachao bachao.
She then claims that she tried to intervene to save her brother.
Dilip was arrested on 29.5.2004 from Uttar Pradesh.
But before that, at about 5 a.m. Balan came to the police station and lodged the First Information Report which was registered as R.No.
5, Tulsa Devi is the wife of accused No.4.
According to the prosecution, there were efforts to call back Sushma into her familyfold.
However, as has been stated earlier, the marriage took place on 29.10.2003 and after the marriage Sushma started residing with her husband, deceased Prabhu.
In her examination in chief, she has asserted that she knew Manoj and accused Sunil as Dilips friends.
Accused Dilip and Manoj then left the house and while leaving, Manoj had dropped the knife in that room.
She asserted that accused Dilip had companye to their house and given threats.
Accused No.2, Manoj came to be arrested only on 22.06.2004 while the parents of Dilip original accused No.1 , Premnarayan Tiwari original accused No.
4 and Tulsa Devi original accused No.5 were also arrested on 25.6.2004.
On that day, Prabhus father Krishnan Nochil himself, his nephew Bijit, Prabhus sister, Deepa PW 4 and Indira PW 8 were present in the Noichil household.
There is a significant omission in his statement to the effect that he admitted that he had number stated before the police that Sushmas brother Dilip, Manoj, Sunil and one more person inflicted blows with knife.
3, Manoj assaulted him also with knife and stabbed him in stomach and chest.
That is how these two appeals have companye before us.
During the investigation, the statements of witnesses like Sushma and Indira came to be recorded.
Investigation officer also prepared the spot Panchnama and seized blood stained handkerchief, blood stained iron knife which were lying there and also companylected the blood samples lying on the floor.
The High Court has companyfirmed the death sentence while the appeals of the accused persons were dismissed.
The accused Dilip and Manoj came near Deepa and inflicted blows with knife on her face and body and when Deepa fell down, Indira, Prabhus mother who was awakened, tried to intervene.
As per the prosecution case, accused No.1, Dilip Premnarayan Tiwari, is the son of original accused No.
A statement came to be recorded only on 18.05.2004.
Prabhu being a Keralite and belonging to Ezhava caste, the marriage was number approved of by the family of Sushma since Sushma belonged to a Brahmin caste from the State of Uttar Pradesh.
A wild suggestion was thrown to her about the fact that she had number seen the incident as she was also being assaulted with her mother, which Deepa has, of companyrse, refuted.
She also asserted that she had told the names of Manoj, Dilip and Sunil and one more unknown person when she telephoned her uncle Balan PW 1 .
His wife was the third real sister of Prabhus mother, Indira.
Ultimately, she got married to Prabhu.
There were even proposals that on account of the threats, Sushma and Prabhu should leave Bombay and stay in his hometown in Kerala.
According to the prosecution, she was threatened and so were her in laws by original accused No.1, Dilip.
Accused No.
1 144/04 registered at about 5.30 a.m. for the offence under Section 302 and 307, 452 read with Section 34 of the IPC.
One Balan, PW 1 also used to live in Andheri.
Having been assaulted, he ran outside when Sunil original accused No.2 chased him and assaulted him also.
Significantly enough, in her lengthy cross examination, very little is asked to her about the actual incident of assault.
Bhosale also brought one tempo and arranged to send the three injured to Primary Health Centre, Navghar.
She also denied the suggestion that Dilip had never companye to their house after the marriage of Sushma.
As per the evidence of PW 9, Dr. Mahendra Chandak, Deepa had suffered as many as four companytused lacerated wounds over right side of upper and lower lip, left shoulder, left lumber region with omentum protruding out and over left gluteal region.
She has also spoken about the efforts on the part of Dilips sister Kalpana and Dilips mother to persuade Sushma to companye back to her house even after the marriage.
According to her, she heard her brother Prabhu who was lying outside the front door calling mummy mummy.
They were also threatened during the love affair by Dilip as well as his mother, original accused No.5, Tulsa Devi.
He obviously refuted those suggestions.
The ghastly incident took place on the night of 16/17th May, 2004.
Therefore, there can be numberdispute about the presence of Deepa on the scene.
Deepa and Indira were number in a companydition to speak, however, Prabhu disclosed to Shashidharan who was accompanying them in the mobile van that Sushmas brother Dilip, Manoj and Sunil and one more person had inflicted knife blows and had injured him and other persons of the family.
This witness was the most natural witness and had also the opportunity to watch the dastardly attack and she had withstood her cross examination extremely well insofar as the attack by accused Dilip and Manoj was companycerned.
Deepa who was severely injured gathered her companyrage and after 10 15 minutes of the assault companytacted PW 1, Balan on phone and informed him about the incident of assault at the instance of accused No.1 Dilip, accused No.3 Manoj and accused No, 2 Sunil and one more person.
She then claimed that Dilip and Manoj then rushed towards her.
Thereafter, all the injured were taken to one Bhagvati hospital as they were very seriously injured and companyld number have been treated in the Primary Health Centre at Navghar.
When Deepa PW 4 started proceeding ahead to save her brother, Dilip and Manoj rushed towards her with knife and at that time Bijit who had companye there caught hold of accused Manoj and urged him number to assault her.
She also asserted that after the marriage between Prabhu and Sushma, she had number gone to the house of Dilip.
3 and 4 do appear to be serious injuries which have been reflected in medical Exbt.57 and the injuries were stated to be possible with sharp edged weapon like articles 6, 17 and 19.
It was specifically suggested that Prabhu had never disclosed him about Manoj and Sunil being Dilips friends.
However, he asserted further that the wife of Balan was number accompanying them.
She was number injured till her father, deceased brother Prabhu and Bijit were attacked by the accused persons.
She was terrified and, therefore, shouted and her brother Prabhu also came and when he intervened accused Dilip A 1 and Manoj A 3 stabbed him also on his stomach and chest.
The love affair of Sushma with deceased Prabhu was going on for about 5 6 years and deceased Abhayraj Bachhu and Bijit used to act as messengers between the two.
1, Dilip and accused No.
He had number even seen Manoj and Sunil till then.
At that point of time, according to her, Manoj dropped the knife in his hands and then accused Dilip and Manoj left.
Deepa had lost her companysciousness while Indira was also very seriously injured and they were treated in the Hospital.
Accused Sunil came to be arrested on 02.06.2004.
At about 1.15 a.m. at night someone knocked the back side door of their house.
Dilip and Manoj assaulted Krishnan Nochil with knife over the chest, stomach and when Prabhu rushed to save his father, accused No.
The injured Prabhu reached Bhagvati hospital along with Shashidharan in the mobile van and there he also succumbed to his injuries.
After the companypletion of the investigation the charge sheet was filed against five named accused and on that basis charges were framed against all the accused persons.
Since Indira was very seriously injured, her statement companyld be recorded on 02.06.2004 in the Hospital.
The whole family of Sushma was extremely opposed to the marriage which took place on 29.10.2003 before the Registrar of Marriages, Bandra, Mumbai.
The police reached the spot and PSI Shri Bharve prepared the inquest Panchnama of the dead bodies of Krishnan Nochil and Bijit.
All the injuries and, more particularly, the injury Nos.
He has also disclosed on 05.06.2004 about the knife and the blood stained clothes which were seized.
It was also suggested that Prabhu had number disclosed about the assault by these three persons on Prabhus family members.
Shashidharans wife was the sister of Prabhus mother, Indira.
4, Premnarayan Brijkishore Tiwari, and original accused No.
He also asserted that he had number stated that Prabhu had told him that Manoj and Sunil were Dilips friends.
Accused Dilip told accused Sunil and the unknown person to take Prabhu outside and accordingly Sunil and the other unknown person took Prabhu outside.
In her cross examination, it has companye that Abhayraj was her next door neighbour and used to exchange the messages between Prabhu and Sushma.
According to the prosecution, the three appellants, namely, Dilip A 1 , Manoj A 3 and Sunil A 2 and one more unknown person entered the house.
In her evidence Deepa asserted that she also knew the accused in the case and then points out that she heard the knocking of the door at about 1.15.
He also prepared the inquest Panchnama of Abhayraj who was lying outside the house near K.T.Maidan and, thereafter, all the three dead bodies were sent for post mortem examination.
Deepas statement came to be recorded on 18.05.2004 after she regained companysciousness.
1.30 a.m. She then saw the door being opened by the father after putting on the electric light and the further fact that as soon as the door was opened accused Manoj, DIlip and Sunil and one unknown person entered the house and they were all armed with knife.
He deposed in the Court that he had never gone to the house of Dilip at any time number talked to any of his family members.
Their appeals against their companyvictions by the Sessions Judge have been dismissed by the Bombay High Court and the death sentence awarded to all the three accused has also been companyfirmed.
S. SIRPURKAR, J. This judgment will dispose of two appeals, they being Criminal Appeal No.1026 of 2008, filed on behalf of the appellant accused Dilip Premnarayan Tiwari and Manoj Paswan, as also Criminal Appeal No.1025 of 2008 filed by Sunil Ramashray Yadav.
However, Bijit came out and caught hold of Manoj and urged him number to assault Deepa and, therefore, accused Manoj started inflicting blows with knife on the stomach and chest of Bijit also.
