VAISHALI KAILAS PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant widow has been convicted vide judgment and order dated 4/2/2017 delivered by the Sessions Judge, Sangli in Sessions Case No. 208 of 2014 for committing murder of her husband in the night between 14/6/2014 and 15/06/2014.

(2.) The incident was reported by the applicant to police and at that time after due enquiry in terms of section 172(2) Cr.P.C., accidental death was recorded. The last rites were performed and it is the case of the applicant that the brothers and sisters of the deceased, instead of proceeding to their respective houses/villages, came to her village. There talks about the distribution of the property left behind by the deceased took place and on account of differences with the accused, false case was then prepared and the complaint was lodged.

(3.) Learned counsel for the applicant states that the accused was sleeping with her husband in varandah by the side of the cattle shed and on the roof of the cattle shed there was a tarpoline sheet. To keep that sheet at place, stones were put on it and one of the stone slipped down and fall on the body of the deceased. This version was accepted and accordingly the prosecution permitted cremation to take place. Because of the property dispute, the step daughter of the accused gave wrong/false statement. She claims that she and her step brothers were sleeping in the room behind varandah. The door and windows of the room opening in the varandah used to be open but on that day, (in the night between 14/06/2014 and 15/06/2014), the same were shut from outside. Because of the commotion she got up and found it was locked from outside. Her mother then opened the door and she found the saree on the person of the mother (accused) with blood stains. The accused then informed her about the incident. Then she (step daughter) opened the door of varandah and went out and called the neighbours.