PRAKASH SHAMSUNDER DERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have already passed the final order in this appeal on 31st January, 1984 and we now proceed to give the reasons.

(2.) In Sessions Case No. 84 of 1982 the two appellants before us, hereinafter referred to as the accused, were prosecuted for an offence punishable under section 302 read with section 34 of the Indian Penal Code before the learned Sessions Judge of Satara. Accused No. 1 is the son of accused No. 2 who is his mother. They were charged with the murder of Shakuntala, the wife of accused No. 1. The said murder took place at about 8.15 a.m. on 28th July, 1982 in the house of the accused. That house bears Municipal No. 339 and is situated at Somwar Peth, Karad, a place in Satara District.

(3.) The prosecution case was that on the said day and at the said time accused Nos. 1 and 2 in pursuance of their common intention committed the murder of Shakuntala because they suspected that Shakuntala had pre-martial affairs with other persons before she was married to accused No. 1 on 16th May, 1982. Shakuntala herself belongs to a place called Guhaghar in Ratnagiri District, while the accused belong to Karad and reside in the aforesaid house. One sister of accused No. 1 called Alka is married to Prakash, the brother of Shakuntala, the deceased. Some days before this incident took place, accused No. 2 had paid a visit to her daughter at Guhaghar and it is the prosecution case that accused No. 2 learnt at that place that Shakuntala had pre-martial relations with other persons. After the return of accused No. 2 to Karad there are strained relationship between the accused and Shakuntala because of the knowledge which accused No. 2 had acquired about Shakuntal affairs, before the marriage. It is not necessary to dwell at length upon the motive for the murder because on the facts and circumstances of this case the prosecution must stand or fall by the acceptability of some other pieces of evidence which can be considered without being linked with the circumstances of motive.