RAGINI GOMA BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the Judgment and order dated 30th April, 2014 passed by the Sessions Judge, Raigad, Alibaug, in Sessions Case No.102 of 2012. By the impugned Judgment and order, the appellants who were accused Nos.1 and 2 before the trial Court have been convicted for the offences punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of R.5,000/- each and in default of payment of fine to suffer R.I. for 6 months.

(2.) The deceased Rekha was the wife of PW 1 Laxman Motiram Bhoir. Accused No.2 is the elder brother of PW 1 and accused No.1 is the wife of accused No.2. At the relevant time, the deceased and accused were residing in the same building at Village Kopara, Taluka - Panvel, District Raigad. PW 1 and his wife were residing on first floor and the accused were residing on the second floor. Parents of PW 1 and accused No.2 were residing on ground floor. There was only one water tap connection for the entire building.

(3.) The incident took place on 28th November, 2011. On the day of incident, in the morning hours at about 9.15 a.m. a quarrel took place between the accused No.1 and the deceased on account of drawing of the water from the water tap connection. It is alleged that while the quarrel was going on, accused No.2 came there with sickle and assaulted the deceased on her neck. Due to assault, the deceased fell down. The deceased was injured and was thus taken to MGM Hospital.