LAXMIBAI DASHRATH BAGUL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Laxmibai has questioned her conviction under Sections 302, 324, 504 and 506 read with Section 34, Indian Penal Code for which she has been sentenced to undergo life imprisonment and the lesser sentences.

(3.) The case of the prosecution is that there was a dispute in relation to agricultural land between family of the deceased (Dada and Kamala Bai) and the accused. Accused No. 1-Dashrath is husband of A-3 Laxmibai and accused No. 2- Santosh is the son of A-1. On 21.08.2006 after attending the Court, the deceased-Dada was returning home at 5.30 P.M. The incident in question took place wherein Dashrath assaulted Dada with the crow-bar, Laxmibai armed with wooden stick and Santosh armed with an axe assaulted deceased-Dada and Kamlabai who died as a result of injuries caused to them. The prosecution case has been held established mainly on the basis of evidence of PW-6 Nita who was an injured eye-witness. A-1 Dashrath and A-2 Santosh have not challenged their conviction and sentence.