SHANTABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants Shantabai (A-1), Sajan (A-2) and Govind (A-3) have filed this appeal against the judgment and order dated 27.06.2005 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No.58 of 1995 confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code [for short "the IPC"] and a fine of Rs. 2,000/- each with default clause to undergo R.I. for six months awarded by the learned Additional Sessions Judge, Biloli, in Sessions Case No. 160/1993.

(2.) In all five accused persons were tried by the learned Additional Sessions Judge, Biloli, under Sections 147, 148 and 302, IPC, read with Section 149, IPC. A-1, A-2 and A-3 were found guilty of the murder of Gunwant Nivrati Dhumale, while Venkar (A-4) and Anshabai (A-5) were acquitted of the charges framed against them.

(3.) Briefly stated, the case of the prosecution against the accused persons was that A-1, A-2 and A-3 are residents of village Loni and A-4 and A-5 are residents of village Shilvani. A-1 is the wife of A-2 and A-3 is their son. A-5 is daughter of A-1 and A-2 and A-4 is the husband of A-5. Gunwant Nivrati Dhumale was the brother of complainant Tanaji Nivrati Dhumale. Gunwant Nivrati Dhumale had been living with his brothers, namely, Tanaji (PW-1); Shivaji; his parents; his wife Mathurabai (PW-4), and two daughters and one son. The prosecution alleged that Gunwant had illicit relations with A-1 since last so many years and this fact was known to all the village people. Gunwant occasionally used to reside in the house of A-1, A-2 and A-3. A-1 requested Gunwant to stop visiting her house because her daughter (A-5) has now been married to Venkar (A-4) and her son (A-3) has also become major, but Gunwant continued to visit the house of A-1.