BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants ' original life convicts for offence under Ss. 302, 307 read with 34 of the Indian Penal Code (IPC) are hereby assailing judgment and order passed by learned Sessions Judge, Beed in Sessions Case No.53 of 2015 dtd. 11/11/2016. FACTUAL MATRIX

(2.) The occurrence has a history and background. Alleged assault in question is made when deceased and PW4 Dashrath were hospitalized on account of consumption of insecticide. Therefore, for the sake of clarity, brevity and properly comprehending the occurrence, we propose to segregate the incidents into two episodes i.e. first which took place before hospitalization and subsequently the second episode after hospitalization around 06:00 p.m. on 23/12/2014. FIRST EPISODE

(3.) Parents of PW4 Dashrath had taken land from parents of deceased for cultivation on yearly basis. During such period, deceased Sushma and PW4 Dashrath got acquainted with each other and love relations developed between them. Their such relations were objected by family members of Sushma. Therefore, the contract and agreement of cultivation was called off and prior to the incident in question, PW4 Dashrath, his brother and parents were beaten by appellants, of which complaint was lodged. However, subsequently, the matter was amicably settled. Inspite of objection, PW4 Dashrath and deceased continued their love relations. As relatives of deceased were searching for suitable match for her, it is alleged by prosecution that deceased and PW4 Dashrath met in a field on 23/12/2014 and they consumed insecticide and they were thereby required to be admitted in Deep Hospital, Beed by PW5 Dhananjay, a friend and relative of PW4 Dashrath. PW3 Mayuri, on receipt of above information, visited the hospital to accompany and take care of her brother PW4 Dashrath and as such she was in his company. SECOND EPISODE