SHAKUNTA SHIVAJI BUCHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 17.9.2009 passed by the Additional Sessions Judge, Kolhapur sentencing the appellant under sections 302, 309, 323 and 504 of the Indian Penal Code. The maximum sentence given is of life imprisonment.

(2.) As per the case of the prosecution, the accused Shakuntala was residing with her husband Shivaji Buchade, mother-in-law Banabai Buchade and her two sons Sangram, aged 4 years and Pratap, aged one year, at Kolhapur. She was residing at Vikasnagar, South of Yavluj, District Kolhapur. She was married to PW6 Shivaji Buchade, in the year 2003. On 9.12.2007, she had a fight with her husband and mother-in-law (PW5 Banabai). At around 6.30 am in the morning, PW5 Banabai was taking bath when Shakuntala hit her with a stone on her head. PW5 Banabai started shouting due to head injury. On hearing her shouts, the neighbours gathered in the house. Accused Shakuntala took her two sons and went to another room. She locked the room from inside and set her two children and herself on fire by pouring kerosene. She immediately came out burning. The neighbours extinguished the fire. She alongwith her two sons was shifted to CPR hospital, Kolhapur. PW5 Banabai was shifted to Rural Hospital, Panhala.

(3.) Charge was framed against the accused for killing her two children u/s 302 of the Indian Penal Code, for attempting to commit suicide punishable u/s 309 of the Indian Penal Code. She was further charged for causing injury to her mother-in-law PW5 Banabai u/s 323 and for intimidation to PW5 Banabai u/s 504 of the Indian Penal Code. She was also charged under sections 324 and 182 of the Indian Penal Code.