PRALHAD NARAYAN NAFDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application in revision by the two original accused, convicted under section 307 read with section 34 I.P.C., by the Assistant Judge, Jalgaon, whose conviction was upheld in appeal by the Sessions Judge, Dhulia.

(2.) The petitioners are brothers, appellant No. 1 being the husband of complaint Chhabubai. Chhuabubai belonged to village Ruikhede and is the daughter of one Shama Bombale. The appellants are the residents of village Shirsoli in Malkapur Taluka.

(3.) According to the case for the prosecution, there was bickering between the husband and the wife, because the husband was in the habit of asking for money from his wife, who was expected to bring the same from her father. Some time immediately before the date of the incident viz., 4th July, 1975, such a talk had started and although in the first place, the woman was reluctant to accede to her husbands request to going to her father but in the morning of 4th July, 1975, she along with the husband and the husbands brother started going to Ruikhede. They had finished their bus journey and were walking by a carttrack towards Ruikhede. It is said that on way, while walking, again the talk about the woman making the demand from her father cropped up. The woman hesitated and according to the case for the prosecution, when the two petitioners felt that Chhabubai would not do the work, they suddenly decided to end her life. A well was nearby. That was in the precincts of the village Tarode Shivar. The two petitioners are alleged to have taken her forcibly to the well and thrown her inside. The case further proceeds that the woman managed to float to the surface and was clinging to the waterpipe coming from the engine-room fitted to the well. The prosecution alleges that at that time at the behest of petitioner No. 1, the 2nd petitioner jumped into the well just to drown the woman. While he was in the act of so doing, petitioner No. 1 spotted a cart coming by the way, petitioner No. 2 was alerted. He came out of the well and both of them ran away. In the meantime, witness Samadhan and his cousin Shriram came to the spot by the bullock-cart, they asked for help from the villagers and ultimately Chhabubai was taken out of the well. Her fathers Mala was nearby. She thereafter walked up to that place. At about 10.00 a.m. the matter was discussed and ultimately in the night of that day a complaint came to be lodged with the Police Station of Edlabad, which appears to be 5/6 miles away from Ruikhede. Next day morning a panchanama of the scene of the offence was prepared by the investigating sub-Inspector. Statements were recorded and the two accused were hauled up under the charges of section 307 read with section 34 I.P.C.