INDUBAI ARJUN WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374(2) of Code of Criminal Procedure is directed against the order of conviction and sentence passed on 18th February, 2011 by the learned Additional Sessions Judge at Vasai in Sessions Case No. 65 of 2009 and by the said order the Appellant-original accused has been convicted and sentenced to suffer R.I. for life for the offence punishable under Section 302 of I.P.C. The Appellant has been in jail from 13th June, 2009.

(2.) This aplpeal was admitted on 18th March, 2011 and when Criminal Application No. 355 of 2011 filed for being released on released on bail came up for hearing, the parties agreed to hear the appeal finally. The record and proceedings has been received and private paper book has been supplied.

(3.) As per the prosecution case the Appellant-accused along with her son Pravin are residents of village Khandicha Pada in Vasai Taluka and deceased Ganesh was their relation. He was staying with them at the relevant time. In the early morning on 13th June, 2009 the Appellant and her son (juvenile accused) went to the Police Patil Smt. Shobha Virarkar of village Kaman and informed her that the deceased was their guest and in the earlier night he had misbehaved with Suvarna minor daughter of the appelant and at about 2.00 a.m., when she got up she had seen the accused sleeping near Suvarna and clinging her. He had consumed liquor and he would not release the minor daughter. The juvenile accused also got up and urged the deceased to release Suvarna, but the deceased did not pay any heed. The Appellant as well as her son got angry and they assaulted the deceased with a pawada and stick. He sustained head injury and was lying in the house. The Police Patil P.W-1, therefore, went to the house of the accused and noticed that Ganesh was dead and on the basis of the information given by accused P.W.1, lodged the complaint with the police station of Manikpur (F.I.R. at Exhibit 11).