NADARBAI BHIKA MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 97 of 1983 tried by the learned Additional Sessions Judge of Dhule, three persons were prosecuted for offences punishable under the Indian Penal Code. Accused No.1 is the son of accused No. 2, the latter being the formers mother. Accused No. 3 was at the relevant time the Police Patil of the village Nandane in Dhule Taluka of Dhule District where accused Nos. Land 2 reside. Accused No. 1 was married to a girl called Vimal, also called Nirmala, who was the daughter of one Rambhau Mali and Manjulabai.

(2.) The prosecution case was that on 17th February 19153, accused Nos. 1 and 2 in furtherance of their common intention to commit the murder of the said Nirmalabai committed her murder by an act which they knew would cause her death. The act attributed to accused Nos. 1 and 2 was an act of pushing the said Nirmalabai on a burning hearth (Chool). Therefore, accused Nos. 1 and 2 were charged in the Sessions Case with the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(3.) The prosecution alleged that accused No. 3 with the intention to exonerate accused Nos. 1 and 2 of the offence which they committed deliberately framed a public record, namely the report of the incident sent by him to the police station. He was, therefore, charged with the offence punishable under Section 218 of the Indian Penal Code.