TARABAI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by accused No.1 against the final judgment and order dated 30.11.2010 passed by the High Court of Judicature at Mumbai in Criminal Appeal No. 145 of 1991 which arose from the judgment and order dated 26.02.1991 passed by the 5th Additional Sessions Judge at Kolhapur in Sessions Case No. 106 of 1990 convicting accused Nos. 1 & 2 for the offences punishable under Section 498A and Section 304-B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced them to suffer simple imprisonment for one year and to pay a fine of Rs.1000/- under Section 498-A read with Section 34 IPC with default clause and to undergo simple imprisonment for 7 years under Section 304- B/34 IPC. By impugned judgment, the High Court dismissed the appeal in respect of the present appellant-accused No.1 and allowed the appeal in respect of accused No.2 by acquitting her of the charges.

(2.) Facts of the case need mention in brief to appreciate the issue involved in this appeal.

(3.) Krishnabai (deceased) was the daughter of Malu (PW-1) and Bhagwan Dhavele. She was married to one Hanmant Taralkar on 12.05.1989. After marriage, Krishnabai was living with her husband and parents-in-law at Ichalkaranji, a nearby village. The present appellant (accused no. 1) is the mother-in-law of Krishnabai (deceased) whereas (accused no. 2)-Balabai aged around 18 years is her sister-in-law.