LAWS(BOM)-2022-1-45

FULMATI HRIDAYNARAYAN CHAUHAN Vs. STATE OF MAHARASHTRA

Decided On January 10, 2022
Fulmati Hridaynarayan Chauhan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The original appellant Smt.Fulmati Hridayanarayan Chauhan preferred this Appeal to challenge the judgment and order passed by Addl. Sessions Judge, Mumbai in Sessions Case No.415 of 2011 alongwith Sessions Case No.845 of 2013 (in C.R.No.56) for the ofences punishable under Ss. 307, 406 read with sec. 34 of the Indian Penal Code. The Additional Sessions Court had acquitted the original accused from the above ofences.

(2.) According to the appellant, Fulmati, she was married to Mr.Hridayanarayan Chauhan in the year 2002. After marriage, she came to matrimonial house at Nagariwadi, Shriram Lane, R. NO.88/S/8, Vadala, Mumbai. She was residing along with her husband and the respondent nos.2 to 6. The informant has a daughter out of the wedlock, namely Tapasya. The husband of appellant Mr.Hridaynarayan was working with Shipping Company. In the month of November 2007, he proceeded to Russiain Razzak Ship. The said ship got sank and Mr.Hridayanarayan did not return back to India. The Shipping Company awarded compensation of Rs.14,96,420.00 in the name of Smt.Fulmati towards compensation of death of Mr.Hridayanarayan. The said amount was deposited in joint account of Appellant and Respondent No.2 in Bank of India.

(3.) The Appellant had also fled case in the Labour Court for compensation. The respondent nos.2 and 3 were pressurizing and insisting Smt.Fulmati to allow them to withdraw the entire amount deposited in the Bank which was received by the way of compensation. The Appellant was not ready to part with the amount of compensation. Respondent nos.2 to 6 used to quarrel with the appellant for non-payment of compensation amount to respondent no.2.