LAWS(BOM)-2015-2-253

JANKABAI Vs. BHIMSING AND ORS.

Decided On February 05, 2015
Jankabai Appellant
V/S
Bhimsing And Ors. Respondents

JUDGEMENT

(1.) Exception is taken to the Judgment and Order of acquittal dated 25/07/2002 passed by the learned 1st Ad hoc Additional Sessions Judge, Aurangabad in Sessions Case No. 268/1998, whereby the learned trial Court recorded finding that the prosecution has failed to prove the guilt of the present respondent Nos. 1 to 4 and thereby he acquitted them for the offences punishable u/s. 302 read with 34 of the Indian Penal Code. The State chose not to prefer Appeal against the said acquittal. It is the applicant, who was the first informant and the widow of deceased Gulabsing, challenged the said acquittal.

(2.) Heard Mr. K.N. Lokhande, the learned counsel for the applicant, Mr. V.G. Mete, the learned counsel for respondent Nos. 1, 3 and 4, Mr. Manish Nawandar, the learned counsel for respondent No. 2 and Mr. V.P. Kadam, the learned A.P.P. for respondent No. 5 - State in extenso. With their able assistance, I have gone through the record and proceedings.

(3.) First informant Jankabai lodged First Information Report [hereinafter referred as 'F.I.R.' for brevity] [Exh. 25] with police station Gangapur, Taluka Gangapur, District Aurangabad on 23/07/1997. According to the report, Jankabai used to reside with her family, which consists of her husband-deceased Gulabsing, her daughters Savita, Anita, Kavita and son Shankar at village Dhoregaon, Taluka Gangapur, District Aurangabad. Deceased Gulabsing was having 3 real brothers viz. Popat. Vijay and Premsing. Accused No. 1 Bhimsing is real brother of Dharamsing and they are the step brothers of deceased Gulabsing. Accused No. 1 Bhimsing and Dharamsing used to reside at Aurangabad. The dispute was going on in between deceased Gulabsing and accused No. 1 Bhimsing. The prosecution case further states that on 23/07/1997, first informant Jankabai along with her elder daughter had been to their agricultural field, whereas other remaining 3 children went to the school. At about 2.30 to 3.00 p.m., Savita, daughter of the first informant Jankabai came to the field and informed the first informant that in her house the quarrel is going on in between Gulabsing and accused No. 1 Bhimsing and in that quarrel, accused No. 1 Bhimsing has given slaps to Gulabsing. It was further narrated by Savita that accused No. 1 Bhimsing was also accompanied by one more person. On getting such information, first informant Jankabai immediately rushed to her house and noticed her husband Gulabsing in an unconscious condition on the ground due to some poisonous substance like 'Thimet'. She tried to give him water for causing him to vomit. However, he did not respond. Doctor was called there. Dr. Chaus examined Gulabsing and declared him dead.