BHIVA HARIBA KASHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused No. 1 has been convicted by the learned Sessions Judge, Osmanabad for an offence under section 302 of the Indian Penal Code and has been sentenced to death subject to confirmation by this Court. He has been also convicted for an offence under section 201 of the Indian Penal Code but no separate sentence has been awarded.

(2.) The appellant and 5 others were prosecution in connection with the murder of one Nilavati, the 18-19 years old sister of the appellant. The appellant was charged for the offence of murder punishable under section 302 of the Indian Penal Code and the appellant and 5 others were together charged for the offence under section 201 read with section 34 if the Indian Penal Code.

(3.) The allegations on which the prosecution was founded are briefly these: Nilavati, the victim of this incident was a girl aged 18 or 19 years. Gangubai (P.W. 7) is her mother. This Gangubai has four sons viz., the appellant Bhiva, accused No. 3 Sandipan, Arjun and Shiva. Nilavati the victim of this incident, and Kalavati are the daughters of Gangubai. They were all residents of Apshinge village, taluka Tuljapur, District Osmanabad and were residing in the Mangwada, Nilavati was first given in marriage to one Rama of Dhanegaon. She resided with him for about a month and returned to her mother after leaving her husbands house. Thereafter Nilavatis second marriage was performed with some person from Sholapur. Nilavati resided with that second husband for a month and returned. Thereafter Nilavati went to Poona with her cousin brother one Gorakh. She stayed in Poona for about 2-3 months and returned Apshinge. Gangubai and her sons did not like the behaviour of Nilavati. I appears that on Wednesday about two weeks after the Tulsi Vivah of 1974 which corresponds to December 11, 1974, Nilavati and the appellant left the house at breakfast time for going to the fields called Piparpatti to pluck Tur nuts. In the evening the appellant alone returned to the house and when Gangubai and others asked the appellant, about Nilavati the appellant is alleged to have remarked that she filed away to lead a stray life.