ANITA NAGESH KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order in Sessions Case No. 230 of 2013 dated 11 th March, 2016 passed by the learned Additional Sessions Judge, Sangli whereby and whereunder the appellant/accused came to be convicted for the offences punishable under sections 302 and 380 of the Indian Penal Code, 1860 (the Penal Code) and sentenced to suffer imprisonment for life and pay fine of Rs. 2,000/-, on the first count, and rigorous imprisonment for two years and fine of Rs. 1,000/-, on the second count, with default stipulation.

(2.) The background fats leading to this appeal can be stated in brief, as under:- Ashok Patil, the then Assistant Police Inspector, Miraj City police station received information on telephone on 31st July, 2013 that a lady namely Saraswati Chougule, who was residing in a rented room in the house of Abbas Pathan at Magdum Mala, Miraj- Pandharpur Road, Miraj, has died. Aashok Patil visited the scene of occurrence. Saraswati (the deceased) was found dead. It appeared that she was strangulated by means of a white scarf. In the presence of public witnesses, scene of occurrence panchanama was drawn. Articles found at the scene of occurrence, including five broken bangle pieces, were seized. Inquest was held. The dead body was sent for postmortem examination. Autopsy surgeon opined that death was due to ligature strangulation. Ashok Patil thus lodged report against an unknown person for having committed murder of the deceased. Crime was registered at C.R.No.144 of 2013 for the offences punishable under sections 302 and 380 of the Penal Code.

(3.) Investigation commenced. During the course of investigation, Ashok Patil, interrogated the witnesses and recorded their statements. It transpired that the appellant/accused Anita, the estranged wife of Nagesh Koli, had visited the house of the deceased on the night intervening 30 th and 31st July, 2013. A scuffle had ensued between them, resulting in the death of the deceased. The accused came to be arrested. Accused made discovery leading to recovery of the articles of the deceased namely a black mobile phone handset of Max company, a black umbrella and a pair of ladies chappal (sandles). The accused also produced saree and the blouse which she wore at the time of occurrence. One of the buttons of the blouse was missing and the said button had been seized under the scene of occurrence panchanama. Investigation further revealed that the deceased had extra-marital relations with Nagesh Koli, the estranged husband of the accused, and, thus, the accused had a grudge against the deceased and, therefore, caused the death of the deceased. Thus, the charge-sheet was lodged against the accused for the offences punishable under sections 302 and 380 of the Penal Code.