MUKTABAI GAJANAN GAWHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 25.11.1996 passed by the Additional Sessions Judge, Washim, in S.T. No. 8 of 1995, convicting the appellant for the offences punishable under Sections 302 and 201 of Indian Penal Code and sentencing her to undergo imprisonment for life, the appellant has preferred this appeal.

(2.) It is the case of the prosecution that complainant Gajanan was earlier married to one Kalawatibai in the year 1990 from whom deceased Laxmi, aged about 3 years, was born. Due to dispute between Gajanan and Kalawatibai, divorce took place between them somewhere in the year 1993 but the daughter Laxmi remained with Gajanan. Gajanan then married the accused who started residing with him, his mother- Duraupadabai and Laxmi. Laxmi being the step-daughter was not liked by the accused.

(3.) The incident is of 27.7.1994. At about 7-00 a.m. when Duraupadabai was shouting, Gajanan woke up and saw that Laxmi was in the lap of his mother and was vomitting substance like milk. Duraupadabai therefore took Laxmi to the house of Baliram- the brother of Gajanan and then he and Baliram took her to Washim to Dr.Baheti who examined her and opined that it was a case of poisoning. While the treatment was going on, Laxmi died.