MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard finally by mutual consent.

(2.) THESE appeals have been preferred to question the judgment and order dated 9 -5 -2011 passed by learned Additional Sessions Judge -10, Aurangabad in Sessions Case No. 218/2010.

(3.) ONE Hirabai wife of the appellant/ Accused -Samadhan and daughter -in -law of the appellants/ Accused -Parvati, Manik and Ashok, and sister -in -law of the appellant/ accused -Chandrabhan Mote, died of drowning in a well situate at the distance of 100 to 150 feet from her matrimonial home at Village Nandgaon Tanda, Tq. Soyegaon, District Aurangabad around 7.30 hours on 6 -10 -2009. Based on the eye -witnesses account of two witnesses i.e. mother and daughter of the deceased, the prosecution levelled accusation against the accused persons of they having thrown the deceased Hirabai in the well and thereby committed murder by intentionally causing her death. It is also the prosecution case that the appellants/ accused had subjected the deceased -Hirabai to mental and physical cruelty for making her yield to their demand of Rs. 15,000/ - allegedly required to repay debt and for business. The prosecution further alleged that the appellants/ accused voluntarily caused heart to and mortally threatened and abused the complainant -mother of the deceased at or about the time of incident.