SAKARABAI SHIVAJI MALLAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in C.R. No. 753 of 2020 registered with Solapur Taluka Police Station, District- Solapur for the offences punishable under Ss. 302, 452, 504, 506 r/w 34 of the Indian Penal Code.

(2.) It is the case of prosecution that the applicant is a real sister of Hausabai Mahadev Mallav ('deceased' for short) and resides adjacent to the house of deceased. It is alleged that the husband of applicant had been to the house of deceased as per say of applicant. It is further alleged that there used to be frequent quarrels between the applicant and the deceased due to relation of deceased with husband of applicant.

(3.) On 12.12.2020 at about 1-00 p.m. when the deceased was sleeping in her house, applicant along with co-accused entered in the house of deceased. The applicant asked deceased as to why she had taken her husband to Pune and started abusing her. Co-accused Anita and Suresh caught hold hands of deceased and applicant assaulted her by means of a knife. Due to noise the public gathered. However, the applicant and co-accused threatened the public and therefore, they ran away from the spot. It is further alleged that the applicant and coaccused again entered the house of deceased and locked the door of the house from inside and applicant assaulted the deceased by means of knife in her abdomen and on hands. The informant then raised commotion and villagers, namely, Suraj Tanaji Patil, Samadhan Lawate, Ritesh Mallav, Mangesh Mallav and others came and the son of deceased was summoned telephonically. Deceased was then shifted where her statement came to be recorded. It appears that during the course of investigation deceased expired on 06/01/2021 and therefore, Sec. 302 came to be added.