SONABAI ANKUSH SHIRSAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment dated 25.9.1992 in Sessions Case No. 270 of 1991, whereby the learned Additional Sessions Judge, Pune has held the aforesaid appellant guilty of offence under Section 302 of Indian Penal Code and sentenced her to undergo imprisonment for life. The brief facts necessary to decide this appeal are as follows:

(2.) On the same day at about 1.15 am PSI Jagtap visited the hospital and confirmed from P.W. 9. Dr. Tekwane that Shantabai was fit to make a statement and thereafter recorded the statement of Shantabai. Based on the said statement at Exhibit 21, P.W. 7 PSI Jagtap registered Cr. No. 433 of 1990 against the appellant initially under section 307 I.P.C., which upon the death of Shantabai on 12.11.1990 was converted to one under section 302 I.P.C. Further investigation was conducted by P.W. 8 PSI Deoram Gaikwad and P.W. 10 Marutrao Deshmukh. Upon completion of the investigation, charge-sheet was filed against the appellant before JMFC Pune.

(3.) Upon committal of the case, the learned Session Judge, framed charge against the appellant for committing offence under Section 302 of Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. Prosecution in support of its case examined 10 witnesses. Statement of appellant was recorded under Section 313 of Cr.P.C. defence of the appellant was of total denial.