ANJANABAI RAMESH GAVIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant questions conviction recorded by learned Addl. Sessions Judge, Nandurbar, on 29th August, 2011 in Sessions Case No. 32 of 2010 for offence under Section 304 Part I of Indian Penal Code, directing the appellant to undergo R.I. for eight years and to pay fine of Rs. 1,000/-, in default, R.I. for two months. Appellant was prosecuted for offence of committing murder of her co-wife Sunita under Sections 302, 326, 324, 506 of Indian Penal Code. On 30th August, 2010 at about 4 pm. to 5 pm., the appellant Anjanabai -third wife of Rajesh Gavit, went to her matrimonial home and started scolding deceased Sunita (second wife of Rajesh Gavit) as to why, Anjanabai was not allowed to cohabit with Ramesh. The altercations resulted in appellant giving fist blows and kick blows to Sunita and then picking up a knife and inflicting blows to Sunita at her back, iliac, on chin, both forearms. The appellant, after extending threats of dire consequences, sneaked away and rushed to learned Civil Judge Senior Division, Nandurbar at about 5:45 pm. to 6:00 pm. and conveyed of stabbing her co-wife by knife. Learned Judge called Court police to take proper recourse.

(2.) Immediately after the assault, as Anjanabai sneaked away, P.W. 2 Ramesh, her husband, P.W. 1 - Sunil, brother of Ramesh rushed to shift Sunita to a Hospital at Khandbara. P.W. 4 - Dnyaneshwar recorded statement (Exhibit 21) of Sunita, which was treated as dying declaration giving rise to Crime No. 128 of 2010. Sunita was gasping, consequently, she was shifted to private hospital and then, to Civil Hospital at Nandurbar. There was second dying declaration recorded by P.W. 6 - A.S.I. Kazi before Sunita's death. Post mortem was carried and it was informed that Sunita died due to shock and haemorrhage due to injury to spleen and left kidney.

(3.) Charge below Exhibit 7 was explained to the appellant. She pleaded not guilty.