UJWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has questioned the correctness and legality of her conviction for the offence punishable Under Section 302 of The IPC, for which she was sentenced to suffer life imprisonment and to pay fine in the sum of Rs. 250/, in default to suffer SI for 7 days. She was also convicted for an offence punishable Under Section 309 of The IPC, for which she was sentenced to pay fine of Rs. 250/, in default to suffer SI for 3 days in Sessions Case No. 279/2007, by The Adhoc Additional Sessions Judge Aurangabad, vide judgment and order dated 09/04/2009.

(2.) Such of the facts as are necessary for the decision of this appeal can be summarized as follows:

(3.) It transpired from the evidence of Jagannath Narayan Bhujade (P.W. No. 4) who is father in law of the Appellant and grandfather of deceased Dipali and Swati that Appellant got married with his elder son Sonyabapu. From the said wedlock, Appellant had begotten two daughters by name Dipali and Swati. He has further stated that the Appellant was insisting her husband to stay separately from his parents. He has stated that his son Sonyabapu was doing labour work and was also looking after their agricultural land. He has further stated that on the date of incident, there was programme of 10th day ceremony at the house of his cousin brother Pandharinath, due to demise of his son Ashok. The said ceremony was attended by the mother and sister of the Appellant also. After the ceremony was over, mother and sister of the Appellant had been to his house. At that time, he told to the mother of the Appellant that she should take Appellant to her house, to which mother of the Appellant refused. He has further stated that on that day, at about 6.00 p.m. or so, he prepared his food and took the dinner. Thereafter he noticed that the Appellant and her two minor daughters were not present in their house. He started search for the Appellant and his grand children in the surrounding area, but unable to trace them. He has further stated that in search of Appellant and her minor daughters, he reached towards the well situated in their field, and noticed that the Appellant and her two daughters were in the well. He also noticed that Appellant had caught the pipe of the electric motor situated in the well and her two daughters were floating in the well water. After seeing this scenario, he started shouting. On hearing his shouts, his son Babasaheb Bhujade (P.W. No. 7) reached at the spot. Babasaheb took out 2 minor daughters of the Appellant from the well. On hearing his shouts, neighbourers gathered at the spot. The villagers took out the Appellant from the well. He found his 2 grand daughters dead at that time. He has further stated that somebody gave information to the Vaijapur Police Station and accordingly Police came there and took the Appellant and 2 children to the Rural Hospital at Vaijapur. On examination, the Medical Officer declared that the two minor children are dead. Appellant was referred to Ghati Hospital, Aurangabad. Then he lodged the complaint at Exh.32.