MIRABAI AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.230/1999 which was pending in the Court of the 3rd Additional Sessions Judge, Jalgaon. The appellants are convicted for offence punishable under section 304-II read with section 34 of the Indian Penal Code and each of them is sentenced to suffer rigorous imprisonment for four years and to pay fine. Criminal Application No.5439/2015 is filed by the husband of the deceased who is also real brother of appellant No.2. He has described the incident which took place behind his back. He had no personal knowledge regarding the incident. Though it is not specifically mentioned, the learned counsel appointed by the husband of the deceased submitted that in view of relationship between the parties, a lenient view be taken. Appellant No.1 is the wife of the appellant No.2. Learned counsel for the appellants argued on merits and in alternative he argued for taking lenient view. Other side is also heard.

(2.) It is the case of the prosecution that deceased Smt. Ushabai was living with her husband Yuvraj, two sons, aged about 7 and 4 years and daughter aged about 13 years in a rented house from village Vivare, Tahsil Raver. Appellant No.2 Sakharam was living with appellant No.1 and his issues in the neighbourhood. The incident in question took place on 10-7-1999. On that day the deceased was proceeding to a shop from her residential place and on the way she noticed that Deepak, son of appellant No.1 was giving beating to her son by name Sachin, who was aged about 7 years. She gave two slaps to Deepak after asking as to why Deepak was giving beating to Sachin. Deepak retaliated, gave abuses and he gave even a blow of stick to her.

(3.) The deceased returned from shop at 5 to 5.30 p.m.and she approached to appellant No.1 for complaining against Deepak. It is the case of the prosecution that appellant No.1 picked up quarrel with the deceased.