SHEELA SHANKAR GHODE AND ANOTHER Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-6-213
HIGH COURT OF BOMBAY
Decided on June 01,2017

Sheela Shankar Ghode And Another Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

Z.A. Haq, J. - (1.) Heard Shri S.G. Joshi, Advocate h/f Shri Anil Mardikar, Senior Advocate for the appellants and Ms. Geeta Tiwari, A.P.P. for the respondent.
(2.) The Appellants Accused Have Challenged The Judgment Passed By the Sessions Court convicting them for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay fine of Rs.3,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months.
(3.) The Case Of The Prosecution Is: The accused No.1 is wife of accused No.2. The complainant Kasabai (mother of deceased Mahendra), and the accused had been neighbours. The accused No.1 (Sheela) had developed illicit relationship with deceased Mahendra to extract money from him, and to fulfill the demand of accused No.1 Sheela, deceased Mahendra even sold the gold ornaments of his mother. On 20th June, 2005 at around 10.30 to 11 a.m. both the accused took deceased Mahendra alongwith them from his house, in the evening both the accused returned, however, deceased Mahendra did not return. Accused No.1 Sheela was having injury on her eye. On the next day, body of Mahendra was found on railway track. The complainant Kasabai expressed suspicion on both the accused, complaining that they had murdered Mahendra. On complaint of Kasabai, investigation machinery was set into motion and after completing the necessary formalities, crime for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code was registered on 2nd July, 2005. After completing the investigation, chargesheet was filed before the Magistrate against both the accused for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code but as the offence was triable by the Court of Sessions, the case was committed to the Sessions Court. The Sessions Court framed charge for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, explained it to both the accused, they did not accept the guilt and, therefore, trial was conducted. After conducting the trial, the learned Sessions Judge recorded that the prosecution has proved that on 20th June, 2005 at 18 to 18.30 Hrs. both the accused were seen with deceased Mahendra whose dead body was found on railway track on the same day around 23 Hrs. and the prosecution has proved that the accused have committed murder of Mahendra.;


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