PREMILA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order convicting both the accused persons of the offence punishable under Section 306 of the Indian Penal Code rendered on 20/02/2001 by 4 th Additional Sessions Judge, Nagpur.

(2.) Briefly, stated, the facts of the case are as under.: Accused No.1 is wife of accused No.2. Deceased Shantabi, daughter of Sumanbai Waghmare, used to go to the field of one Tulshiram Dharmik for performing agricultural labour work. At that time accused No.2 was the servant of one Tulshiram Dharmik and he used to visit the house of the complainant quite frequently for giving messages on behalf of his master. Whenever accused No.2 used to visit the house of the complainant, accused No.1 used to remain present on the agricultural field for performing labour work. Accused No.1 had heard that there was some affair going on between her husband, accused No.2 and deceased Shantabai. Therefore, she broached the subject with Sumanbai, mother of the deceased. Sumanbai was not aware of the alleged illicit relation, but she advised accused No.1 to catch her daughter red handed in the act, if she could. Therefore, accused No.1 started keeping her watch on deceased Shantabai since the date 02/3/1994.

(3.) In this appeal, initially, argument was advanced by the learned Counsel for the appellants for some time and only small portion of the argument had been left out which could not be heard on the same day due to paucity of time. The matter was therefore adjourned to the further date and it came to be adjourned further as the learned Counsel for the appellants did not remain present. Ultimately, this Court had to pass an order on 05/01/2015 that by way of last chance the matter was being kept for final hearing on 08/01/2015. It was also made clear that if the learned Counsel for the appellants did not appear on 08/01/2015, his argument shall be treated as closed and this Court shall proceed to hear the argument of learned Additional Public Prosecutor of the State and then decide the matter in accordance with law. This order as passed by this Court is in consonance with the law settled by the Apex Court in the case of Bani Singh Vs. State of U.P. & others, 1996 4 SCC 720.