PHULABAI SADHU SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE above appeal is filed through jail by Phulabai Sadhu Shinde, who was convicted by the Sessions Judge, Bhir, on October 24, 1975. in Sessions Case No. 88 of 1974, under Sections 309 and 302 of the Indian Penal Code, and sentenced to undergo simple imprisonment for 3 months for the offence under Section 309, and to imprisonment for life for the offence punishable under Section 302 subject to Section 428 of the New Criminal Procedure Code.

(2.) THE prosecution case, briefly stated, was as under: Phulabai is the wife of the complainant, Sadhu Pandurang Shinde. They lived in village Renapur in Taluka Ambajogai, District Bhir. Sadhu had 3 sons, Babruwahan, Jalam and Pandurang from her. He had one more son, named Vithal, from her, who was aged 1 1/2 years. Phulabai had physical illness since about one year prior to the death of Vithal on August 2, 1974. In spite of medical treatment, the illness was persisting. Vithal was also suffering from rickets for about 2 months prior to his death.

(3.) AT a distance of about 200 feet from the house of Sadhu, there is a well. On the night of August 1, 1974, the complainant was sleeping in one part of his house while the accused, Phulabai, was sleeping in the other part, near the door, with his children, Babruwahan, Pandurang and Vithal, Phulabai had chained the door, from her side, before she went to sleep. Next morning i. e. the morning of August 2, 1974, after Sunrise, the complainant Sadhu found the door open. He also found that Phulabai and Vithal were missing. He saw some people collected near the well, saying that one woman had fallen into the well. The complainant also went to the well, Some people then took out Phulabai from the well along with the child. Phulabai was alive. Vithal was dead.