KUSUM SAGUN MALMANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant- accused no. l was charged for the offences punishable under Sections 201, 302 r/w section 34 of Indian Penal Code (IPC) , along with the original accused Nos. 2 and 3. By an impugned judgment and order dated 05-12-1994, the additional Sessions Judge, Sangli, has convicted the appellant for the offence charged under Section 302 of IPC and acquitted accused nos. 2 and 3. Therefore, this appeal against the order of conviction and sentence to undergo imprisonment for life.

(2.) The appellant is the mother of kumar (Accused No. 2) and Parshuram (accused No. 3). The appellant married to sagun Tatoba Malmanke (the deceased husband). This was her second marriage. Above two accused, Laxmi (the deceased daughter) and P. W. 10 Renuka and P. W. 9 deepak born of her first marriage. The appellant therefore, on the date of incident dated 27-01-1994, was the mother of 3 sons and 2 daughters. All were residing together with the deceased in the house situated at Miraj.

(3.) The deceased daughter, Laxmi had illicit relations with the deceased husband, sagun. Eight days prior to the date of incident, the deceased Sagun and the deceased Laxmi had left the house and they were roaming around in the village. On 26-01-1994 at about 9 p. m. , P. W. 9 Deepak had noticed them. The appellant rushed there and noticed Mangalsutra around the neck of the deceased Laxmi and when enquired, they informed about their marriage. However, the appellant brought them to the house in Rickshaw, which was noticed by the neighbour, P. W. 4, Gopal. At about 1 a. m. on 27-01-1994, Gopal (P. W. 4) heard noise of quarrel from the house of the accused and the deceased. As such quarrels were routine and as it was also stopped, Gopal P. W. 4 alongwith other neighbourers returned back to their respective homes. The appellant after 2 hours, on the same day at about 3 a. m. knocked the door of Gopal, P. W. 4 and requested him to accompany her to the police station. The appellant had also asked one Narsu, another neighbour, to accompany her to the police station. The appellant picked up a blood stained axe, which was kept in the corner of her house. They went to the rickshaw stand by walking. The appellant informed that, she along with her son accused Nos. 2 and 3 had assaulted the deceased husband Sagun and deceased daughter Laxmi with an axe, gupti, knife, and wooden handle and killed them. The clothes of the appellant were stained with the blood. They went to the Miraj Police station by rickshaw. P. W. 4 and Narsu returned back from the compound of Police Station, whereas the appellant went inside the police station. P. W. 14, Madan, Police Inspector, reduced into writing her report Exh. 33 at about 4.45 a. m. The appellant put her thumb-impression and it was also endorsed by P. W. 14. Therefore, on 27-01-1994, offence was registered as charged. The blood stained axe, brought by the appellant, which was used for the commission of crime was seized in presence of P. W. 8, Panch Mustak Jamadar under the panchanama Exh. 14.