RADHABAI GABAJI ROKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been preferred against the judgement of conviction and order of sentence, passed by the learned Addl. Sessions Judge, Nashik in Sessions Case no. 134 of 1997 on 29/08/1998, convicting the appellant for the offences under Sections 302 and 309 of the Indian Penal Court (for short "IPC") and sentencing her to undergo life imprisonment, for the offence under Section 302 and further sentencing her to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months, for the offence under Section 309 of the IPC.

(2.) Facts of the case in brief is that the informant, a PSI, at the relevant time was posted at Nashik Rural Division, Nashik. On 08/06/1997 he received a message from SDPO to enquire ADR No. 10/97 registered under Section 174 of Criminal Procedure Code (for short "Cr.P.C.")and accordingly he along with staff members visited the spot and came to know that master Dyaneshwar, aged 3 years, kum. Rupali, aged 1 1/2 year and their mother Radhabai had fallen into a well. All were taken out from the well, however, the children were dead while their mother namely, Radhabai survived and taken to Civil Hospital for treatment.

(3.) The informant accordingly prepared the inquest panchanama over dead body of those children and sent them for postmortem. He also recorded statements of various witnesses and it transpired from their statements that because of the ill-treatment and harassment at the hands of husband and parents-in-law, said Radhabai in order to commit suicide had jumped into the well along with her two children.