AHILYABAI VISHNU KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail in Crime No. I-335 of 2020 registered with Yeola City Police Station, District Nashik for the offences under Sec. 302, 314 of Indian Penal Code.

(2.) The case of prosecution is that the complainant Sangitabai Bhorkade lodged a complaint on 1/8/2020 with Yeola City Police Station alleging that the complainant and applicant-accused are real sisters to each others and the present applicant is maternal aunt of the deceased Shakuntala w/o Abasaheb Sonwane. The said Shakuntala was daughter of Sngitabai Bhorkade i.e. complainant. In the month of December-2019 some quarrels took place in between deceased and her husband. Therefore deceased left the matrimonial house and used to reside at the house of her maternal aunt i.e. applicant. There was marriage ceremony of complainant 's daughter-in-law in the month of June-2020. At that time deceased came to her matrimonial house and her husband found she was pregnant. Therefore said fact was confirmed by him through doctor and the doctor stated that she was pregnant for near about five months.

(3.) Learned Advocate for the applicant submits that when her husband inquired with deceased about pregnancy, the deceased stated that she was pregnant from one Sagar who is son of applicant. The complainant asked the accused about the pregnancy and accused got annoyed. On the day of incident on 13/7/2020, the accused was quarreling with sister i.e. complainant on account of making her son responsible for pregnancy of deceased. Under anger, applicant dragged deceased, who was sleeping on the cot, by holding her legs. Deceased fell down on the floor and sustained injury to her head. She was unconscious. The deceased was shifted to hospital by applicant and during the medical treatment Shakuntala died in hospital.