MANGAL CHANDRAKANT TARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD rival submissions at length on this appeal preferred by the appellant/accused No.1 in the matter of conviction for the offence punishable under Section 302 of IPC. In Sessions Case No.474/2008, two accused persons were tried including the present appellant/accused No.1. Said Sessions Case ended in conviction of the present appellant/accused No.1 for the offence punishable under Section 302 of IPC and ended in acquittal of original accused No.2. Separate Criminal Appeal has been preferred by the State being Criminal Appeal No.89 of 2011 challenging the acquittal of original accused No.2. However, that appeal had already come to an end. Now, we are concerned with only the present appeal preferred by the appellant/accused No.1.

(2.) THE case of the prosecution in brief is as under :

(3.) ALSO it is a case of the prosecution that at the police station, the appellant/accused No.1 confessed that she had done away with her husband Chandrakant as he was obstacle in the love affair between her and accused No.2 her paramour who was also working in the same company where she was working. According to the case of prosecution, she further revealed before the police officer that she gagged mouth of her husband Chandrakant by means of pillow and accused No.2 (her paramour) assaulted Chandrakant by means of knife causing severe injuries and apparently causing instantaneous death. On this revelation, PW -1 Vilas Tarde lodged his complaint, which was treated as First Information Report (Exhibit -16) and the offence was registered against the present appellant/accused No.1 and also against accused No.2 who was her paramour.