KALABAI EKNATH NAVLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (original accused no.2) has challenged the vires of the judgment and order dated 12.03.2013 delivered in Sessions Case No.163 of 2007 by the learned Addl. Sessions Judge, Ahmednagar whereby, she has been convicted for the offence punishable under Section 302 of the Indian Penal Code ("I.P.C.", for short) and sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/ - in default, to suffer simple imprisonment for six months.

(2.) The admitted facts as disclosed from the evidence produced before the Court are that the deceased Lata married to one Adinath Baban Navle, resident of Javkhede Khalsa hutment -area, Tq. Pathardi, Dist. Ahmednagar in the year 2006. The parents of Adinath had expired much prior to his marriage. Accused no.1 Navnath Balaji Navle (since deceased) was the uncle of the said Adinath. The appellant Kalabai is the widow of the deceased accused no.1 Navnath and as such, is aunt of Adinath. Adinath is working as a tempo driver. The deceased Lata and Adinath were residing separate in a house situate to the south of the road running east -west, while the deceased accused Navnath and the appellant were residing in a room situate to the north of the said road.

(3.) On 14.03.2007 at about 9.00 a.m., the deceased Lata sustained burn injuries in her house when Adinath had gone to Pathardi in connection with his work as a driver. Lata was admitted in the Civil Hospital at Ahmednagar on the same day by the deceased accused Navnath and others at about 11.30 a.m. The father of the deceased Lata had got her discharged from the Civil Hospital and got her admitted in Garud Hospital in Ahmednagar, where she succumbed to her injuries on 20.04.2007 at about 6.55 p.m.