PRATIBHA DEVENDAR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been charged that she has committed homicidal death of one Smt. Jaitula Pralhad Dongre on account of vacating the rented room. The learned Additional Sessions Judge-5, Nagpur in Sessions Trial No. 494/2012 found that the charge is established by the prosecution and, therefore, convicted her for the offence punishable under Sec. 302 of the Penal Code and directed that she should suffer imprisonment for life and to pay a fine of Rs. 500.00 and in default to suffer simple imprisonment for one month. Hence this appeal.

(2.) Such of the facts, which are necessary for the appeal are stated hereunder. Shantaram Jadhav (PW11) was discharging his duties as Police Sub Inspector at Police Station, Jaripatka. On 14.07.2012 at around 11.30 pm. On 15.07.2015, Manoj Dongre (PW1) came to Police Station and lodged a complaint. The said complaint is at Exh.20. On the basis of the said, Shantaram Jadhav registered accidental death report No. 64/2012. As per the complaint Exh.20, the deceased Jaitula was his mother. He along with his wife Pradhnya (PW2) and son Diwakar used to reside in quarter situated at HUDCO Colony, B12/ 228, which is owned by the deceased. In the said quarter, there are three rooms. Manoj used to reside in hall and one room along with his wife and deceased mother in the last room. The appellant used to reside as tenant. She was residing there as a tenant since last one year and she used to pay Rs. 700.00 towards rent. The deceased orally asked the appellant for vacation of the room. However, the appellant refused to vacate the room immediately and, therefore, there was altercation in between the deceased and the appellant, prior to one month of incident. According to the report Exh.20 on 14.07.2012, the dispute arose in between the deceased and the appellant in between 11.30 to 12.00 pm. The noise of the quarrel was heard by Manoj and, therefore, he reached there. That time he noticed that the appellant was pressing her neck and was assaulting her by the fist blows. In that behalf, Ratna Malode (PW8), made a phone call to the police. According to the report itself, no injuries were there on the person of the deceased.

(3.) After the accident death report was registered, Shantaram Jadhav (PW11) visited the spot of occurrence. The spot panchanama was drawn in presence of panchas which is at Exh.31. He recorded statement of Manoj and his wife Pradhnya.