SAVITA GOVIND KOKANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.729 of 1989 is filed by original accused No.3 - Smt.Savita Kokane against her conviction for offences under Section 120(B) and 302 read with Section 109 of the Indian Penal Code by which she was sentenced to suffer imprisonment for life and fine etc.

(2.) Criminal Appeal No.148 of 1990 is filed by the State against acquittal of original accused No.2 - Bhagwan Gaikwad and accused No.3 - Smt. Savita Kokane in the said case. Accused No.2 Bhagwan Gaikwad was acquitted by the trial Court of the offences under Sections 120(b), 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code. Accused No.3 Savita Kokane was acquitted under Section 201 read with Section 109 of the Indian Penal Code. There was one more accused by name Ulhas Keru Khedekar. He is absconding. Two more accused i.e. Vitthal Rama Shetty and Vijay Thakur, are also absconding since long.

(3.) The prosecution case, which resulted in the judgment of conviction and acquittal as stated above, is that Savita was married to Govind Kokane, they had two children and they were residing at Dombivali. Govind Kokane was the civil engineer and serving in May and Baker Company at Bombay. Govind had three brothers, Dattatraya, Waman and Bhaskar. Dattatraya was staying at their native place, Mahad; Waman was staying at Thane and Bhaskar was at Dadar. Savita hails from family of Sukales at Murud Janjira in Raigad District. Savita and Govind were residing in Flat No.7, Meghdoot Building, Palavi Co-operative Housing Society, Dombivali. On the first floor of that building, one Keru Khedekar was residing with his family. He had a son by name Ulhas. (Ulhas is the absconding accused). He was mechanical draftsman in Premier Automobiles. He had developed friendship with Kokanes. His parents did not like his visits to the house of Kokane. Therefore, ultimately Ulhas shifted to the house of Kokane under the garb that Savita was his sister which factually was wrong and, there were illicit relations between accused No.3 Savita and absconding accused Ulhas.