VAIJAYANTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, a lady, has been convicted for alleged commission of an offence under Section 302 read with Section 34 of the Indian Penal Code.

(2.) Zubedabi, the complainant had four sons, Ajmat Ali, Asgar Ali (deceased), Bafat Ali and Gullu. The complainant, alongwith her husband and two sons, namely, Bafat Ali and Gullu used to live at Murtizapur, whereas her other two sons Ajmat Ali and Asgar Ali used to live at Akola. On the fateful day, namely, on 10.6.1998, the Appellant herein, allegedly accompanied by other accused persons Manik and her brother Raju, went to the house of the complainant and inquired about the whereabouts of Gullu and upon inquiry made in that behalf as to why she had been asking so, it was told that Gullu had outraged the modesty of Chitras (Appellants sister) daughter Mangala. On the same day at 5.00 p.m. Asgar Ali and his wife Shahnoorbi, Bafat Ali and his in-laws reached and met Zubedabi. They told her that they had come to Asgar Ali to make peace. At about 7.00 p.m. when other persons were sitting in front of the house, Asgar Ali went to a shop for purchasing beedis. His wife followed him, who in turn, was followed by Zubedabi. As Asgar Ali crossed a short distance from home, he found the accused persons coming from the other side, whereupon he ran. He was chased by the accused persons.

(3.) The accused Raju and his friend Manik were said to be armed with gupti (sword stick) and dagger respectively. The Appellant herein was also present. She allegedly exhorted "maro, maro".