Ramesh Dasu Chauhan vs The State Of Maharashtra

3. Deceased Kamlesh Kumari Trivedi, aged about 79 years used to reside along with her daughter Rani Trivedi and grand daughter Purnima Trivedi in Rajnigandha Apartments, Ambazari, Nagpur. Rani Trivedi was a school teacher and used to leave home for her work around 7.20 a.m. and return back in the evening. Purnima Trivedi was studying in M.A. in a college and she too used to leave for her classes at about 10.00 a.m. and return by afternoon. Deceased Kamlesh Kumari Trivedi, thus, would remain alone in the house during the afore stated period.

4. On the fateful day, i.e., 28th August, 2001, both Rani Trivedi and Purnima Trivedi left for their respective destinations while Kamlesh Kumari Trivedi was all by herself in the house. When Purnima Trivedi returned from College around 1.30 p.m., she found her grandmother (Kamlesh Kumari Trivedi) lying dead in the drawing room with visible signs of strangulation. The Onida T.V. set kept in the drawing room was found missing. Purnima Trivedi immediately rushed to her 2 neighbours Raisaheb Chourasiya and Baliram Fulari and informed them about the incident. Both of them accompanied Purnima to the apartment. Baliram Fulari, on the request of Chourasiya, informed the police control room about the incident.

5. Raisaheb Chourasiya, noticed on the date of occurrence that two young boys had come on a red coloured motorcycle; stopped it in front of Rajnigandha Apartments; entered the apartment building and after some time vanished from the spot. Mr. Sevakram Thaokar, Inspector of Crime Branch, Nagpur rushed to the spot and on the basis of the information divulged by the neighbours, he carried out search operations and apprehended the appellants from near the Gupta Hotel in village Hingna. On personal search of one of the suspect, some cash amount and a silver coin was recovered; their motor cycle was seized and Onida T.V. was also then got recovered at the instance of first appellant (Ramesh). Crime No. 246/2001 under Section 302, 392/34 was registered. On consideration of the chargesheet, charges under Sections 302, 392/34, I.P.C. were framed to which the appellants pleaded not guilty and claimed trial.

9. The Trial Court thereafter scrutinised the entire evidence within the framework of cited parameters and after an elaborate confabulation, it came to the conclusion that Kamlesh Kumari Trivedi died a homicidal death; the appellants were duly seen entering Rajnigandha Apartments at the most relevant time by Raisaheb Chourasiya (P.W.9), the recovery of Onida T.V., silver coin and a part of currency from the appellants was also a strong circumstance to nail them, who were consequently held guilty of the offence(s) under Sections 302 and 392 read with Section 34 of the I.P.C. and sentenced accordingly.

10. The High Court re-evaluated the prosecution evidence in its entirety and banking upon the statement of the star witness, Raisaheb Chourasiya (P.W.9) coupled with the deposition made by Sevakram Thaokar, Police Inspector, Crime Branch (P.W.11), it concurred with the Trial Court and dimissed the appeal.

20. According to Rani Trivedi (P.W.1), she got an emergency phone call from her daughter around 2.30 p.m. about her mother having been assaulted and the incident of theft in their house. She immediately left for home and saw the bloodstains on the floor; that her mother was throttled and strangulated with her own sari and the police was present on the scene. She found that the cupboards in the room of their apartment were broken and the items were scattered. A silver coin of 11 `Goddess Lakshmi’ along with cash amount of Rs.200/- besides Onida T.V. were missing. The thieves, however, could not break open the Godrej almirah in which valuables were kept. She has indubitably deposed that the police brought two persons in the evening to their flat and she identified them who were present in Court as accused Nos. 1 and 2. Her statement too is totally unruffled in the cross-examination. Rather, she has well-explained that Raisaheb Chourasiya (P.W.9) lives in the third house in row from her house.

23. As per the post mortem report of Kamlesh Kumari Trivedi, the medical officer found following four ante-mortem wounds given in 13 Column 17 of the medical legal report Ext. P-17:-

26. There is clinching evidence on record to establish that the appellants were seen around 11.45 a.m. entering the front gate of Rajnigandha Apartments where the deceased was residing. They left the place after 20 minutes or so. As per the eye-witness’s account the appellants were lastly seen nearest to the place of occurrence before they disappeared.

32. Both the Courts below have weighed the evidence to reach a 18 definite conclusion that the appellants and the appellants alone entered the apartment of Kamlesh Kumari Trivedi and committed her murder by strangulation with a motive to commit robbery in the house. There is no factual or legal infirmity in the findings returned by the Courts below, which may call for any interference by this Court. The Appeal is accordingly dismissed.

(SURYA KANT) NEW DELHI DATED : 04.07.2019 19