KALAWATIBAI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by Judgment and order dated 21st April, 2012 in Sessions Case No. 20 of 2011 (New) [Sessions Case No. 47 of 2007(old)] passed by Additional Sessions Judge, Ahmedpur, convicting the Appellant -Kalawatibai w/o Shankar Phad for an offence punishable under Section 302 of the Indian Penal Code and sentencing her to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/ -, in default of payment of fine, to undergo further rigorous imprisonment for one month, the present Appeal has been filed by her.

(2.) IN support of the Appeal, Mr. Chapalgaonkar, learned counsel vehemently argued that there is no direct evidence against the Appellant. The only evidence against the Appellant is of father and sister of deceased Sivnanda, who are said to have heard the oral dying declaration. According to the counsel, these are interested witnesses and have come in picture at later point of time and thereafter oral dying declaration has been given to them.

(3.) IN the alternative, the counsel submitted that prosecution case if taken into consideration that the deceased was second wife and there always used to be quarrel between the first wife and second wife and further story is that the second wife was pregnant and therefore the first wife i.e. Appellant -accused got enraged and therefore in the fit of anger, without any intention the offence appears to have been committed and the same is certainly not the murder, but falls in the category of Section 304 Part -II of the Indian Penal Code at the most and therefore impugned Judgment deserves modification.