HARIBAI @ HIRABAI NARAYAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Haribai @ Hirabai Narayan Gaikwad original accused No. 1 in Sessions Case No. 18 of 1993 before the Court of Additional Sessions Judge, Satara has filed this appeal challenging her conviction and consequent sentence passed against her by the learned Sessions Judge, Satara by his judgment and order dated 14 2 -1997. The appellant who is referred to hereinafter as the accused No. 1 was prosecuted alongwith two other accused i.e. her son Sanjay accused No. 2 aged 26 years and her daughter Manisha accused No. 3 aged 19 years. Accused Nos. 2 and 3 were acquitted whereas the present accused No. 1 appellant was convicted for offences punishable under sections 498A, 306, 304B of I.P.C. and for offence under section 498A of I.PC. she was sentenced to suffer R.I. for one year and to pay a fine of Rs. 500/ - in default to suffer further R.I. for one month; for offence under section 306 of I.P.C. she was sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 2,000/ - in default to suffer further R.I. for six months and for offence punishable under section 304B of I.P.C. she was sentenced to suffer R.I. for 7 years, however, no fine was imposed on that count.

(2.) THE story of the prosecution in brief is as under:

(3.) DECEASED Asha was married to accused No. 2 Sanjay on 25 -4 -1992 at village Panchwad, Taluka Wai, District Satara. After the marriage she started living with her husband accused No. 2 and his family i.e. accused No. 1 Hirabai his mother and accused No. 2 Manisha his sister accused No. 3. Another sister of her husband named Sharda who had been married longback to one Vijay Jadhav but was deserted by her husband as she had some mental problems and it appears from record that either she was suffering from fits or was lunatic, she was also living with the accused. Asha's husband accused No. 2 was in service in Bombay and therefore Asha was living with her mother -in -law and other family members as stated above.