The High Court dismissed the criminal appeal filed by a convicted appellant challenging his life sentence for murder. The court affirmed the conviction under Section 302 IPC, upholding the witness testimony, post-mortem findings, and the appellant's own confession to the watchman.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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apeal.301.2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.301 OF 2010
Rajesh Rajaram Jadi r/o. Hamilton Court Building Compound Tagore Road, Santacruz (West), Mumbai-54 preently lodged at Nashik Road Central Prison ... Appellant
Vs.
The State of Maharashtra
... Respondent
Mrs.Nasreen S.K. Ayubi, Advocate appointed for the Appellant Ms.V.R. Bhonsale, APP, APP, for Respondent – State
CORAM: MRS.V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: AUGUST 20, 2013
ORAL JUDGMENT (PER MRS.TAHILRAMANI, J.):
The first informant PW2 Shiva was working as a watchman at Hamilton Court building, Tagore Road, Santacruz, Mumbai. PW2 Shiva was
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working as a night watchman. The appellant and the deceased Durgayya were both working in Hamilton building as servants. The appellant was working as a servant in flat of one Jayantibai located on the 7th floor. The deceased was working as a servant with PW3 Ramesh whose flat was situated on the 3rd floor. After the appellant and the deceased finished their work, they used to sleep on the ground floor of the building near the pump room.
The incident occurred on the night between 1.9.2008 and 2.9.2008. At about 3 to 3.30pm, on 2.9.2008, PW2 Shiva, who was working as the night watchman was sitting infront of the building. He heard noise from the backside. Hence, he went towards the backside. He noticed that the appellant was holding a piece of tile and he found that Durgayya was lying near the pump room in a pool of blood. PW2 Shiva asked the appellant what he had done whereupon the appellant said that he had killed Durgayya. The appellant then said that he is going to the police. Then PW2 Shiva took the appellant to the police station. PW2 Shiva lodged his FIR (exhibit 14). Thereafter, investigation commenced. The appellant was arrested. The blood stained clothes on his person were seized under panchanama. After completion of investigation, chargesheet came to be filed.
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of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above. Hence, this appeal.
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apeal.301.2010.doc
PW2 Shiva has stated that the incident occurred on the night between 1.9.2008 and 2.9.2008. At about 3 to 3.30pm, on 2.9.2008, PW2 Shiva, who was working as the night watchman was sitting infront of the building. He heard noise from the backside. Hence, he went towards the backside. He noticed that the appellant was holding a piece of tile and he found that Durgayya was lying near the pump room in a pool of blood. PW2 Shiva asked the appellant what he had done whereupon the appellant said that he had killed Durgayya. The appellant then said that he is going to the police. Then PW2 Shiva took the appellant to the police station. PW2 Shiva lodged his FIR (exhibit 14).
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apeal.301.2010.doc
person assaulting Durgayya. It is pertinent to note here that in his statement u/s 313, the appellant has admitted that he was sleeping next to the deceased.
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apeal.301.2010.doc
below the joint, red, 0-24 hrs.
All these injuries are antemortem.
Dr.Gajare found internal injuries as mentioned below:
According to Dr.Gajare, the cause of death was due to head injury unnatural are internal injuries mentioned by him are sufficient to cause death. In Dr.Gajare's opinion, all injuries are possible by pieces of granite and pieces of floor stones (tiles). As stated earlier, Dr.Gajare has categorically denied the defence put forward by the appellant that Durgayya died on account of injuries received due to fall.
1 (2001) 2 SCC 205
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"In view of the authoritative pronouncement of this Court in Teja Ram Case (1999) 3 SCC 507) we do not find any substance in the submissions of the learned Counsel for the appellant that in the absence of the report regarding the 'origin of the blood, the trial Court could not have convicted the accused. The Serologist & Chemical Examiner has found that the chadar seized in consequence of the disclosure statement made by the appellant was stained with human blood. As with lapse of time the classification of the blood could not be determined, no bonus is conferred upon the accused to claim any benefit on the strength of such a belated and stale argument. The trial Court as well as the High Court were, therefore, justified in holding the circumstance as proved beyond doubt against the appellant.”
(MRS.MRIDULA BHATKAR, J.)
(MRS.V.K. TAHILRAMANI, J.)
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3 issues framed by the court
Whether the evidence of PW2 Shiva regarding the extra-judicial confession and ownership of the murder weapon sustains the conviction.
Whether the defence explanation that the deceased died due to a fall is supported by the medical evidence.
Whether the blood-stained clothes seized from the appellant prove his guilt beyond reasonable doubt.
Colour shows how this judgement treated each authority
Gura Singh vs. State of RajasthanExplained¶54
Gura Singh Vs. State of Rajasthan (1999) 2 SCC 507 · Who else cites this
Teja Ram Case (1999) 3 SCC 507Explained¶54
1 provisions across 1 enactments
Rajesh Rajaram Jadi
The State of Maharashtra
Mrs. V.K. Tahilramani
Mrs. Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
