SUMITRABAI AMBADAS JIWATODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) D. S. ZOTING, J. This is an appeal preferred by the original accused nos. 1 and 2 against the Judgment and Order of conviction and sentence dated 29/6/1990 passed by the Additional Sessions Judge, Wardha, in Sessions Trial no. 77/1987. By the said Judgment and Order both the accused have been convicted of the offence punishable under section 302 read with section 34 of the indian Penal Code and sentenced to undergo R. I. for life and to pay a fine of rs. 1,500. 00 each and in default to undergo further R. I. for one year.

(2.) BOTH the accused were prosecuted for having committed offence punishable under section 302 read with section 34 of the Indian Penal Code on the allegations that on or about 23/6/1987 at about 7. 00 p. m. at Hanuman Nagar, wardha, they intentionally or knowingly caused death of Usha w/o Bhimrao jiwatode, aged 22 years.

(3.) FACTS, which are not in dispute, may be stated as under accused No. 2 bhimrao was the husband of deceased Usha. The marriage of deceased Usha was solemnized with accused No. 2 Bhimrao in the month of January, 1986. Accused no. 1 is the mother of accused No. 2. Namdeo Waghmare (PW 1) is the father of the deceased Usha who is resident of village Deoli, District Wardha Tulshidas waghmare, was the brother of deceased Usha and he was the neighbour of accused. Sunanda Waghmare (PW 4) is the wife of Tulshidas Waghmare. Vijaya sirsat (PW 3) is his sister who was present at the house of her brother on the date of the incident Usha and her husband were living in portion of the house. Her father-in-law and mother-in-law (accused No. 1) were living in another portion of the same house adjoining to the portion, in which the deceased Usha and her husband were living. Usha was educated up to 6th standard.