The central legal point established in the judgment is that the appellant's actions, influenced by the deceased's violent behavior and alcohol addiction, warranted a conviction under Section 304 Part II of the IPC rather than Section 302, based on the circumstances and the nature of the injuries.

JUDGMENT

M.S. Karnik, J. - The appellant-Shahenaj Amjed Shaikh by this Appeal challenges the judgment rendered by the II Ad-hoc Additional Sessions Judge, Solapur thereby convicting her for the ofence punishable under Section 302 read with Section 34 of the Indian Penal Code ('IPC' for short) and sentenced her to sufer Rigorous Imprisonment for life and to pay fne of Rs.1,000/- in default sufer further Rigorous Imprisonment for three months. The appellant is also convicted for the ofence punishable under Section 342 read with Section 34 of the IPC and sentenced to sufer Rigorous Imprisonment for one year and to pay fne of Rs.500/- in default sufer further Rigorous Imprisonment for two months.

2. The date of the incident is 6th June 2011. PW-2 - Rehman Imam Shaikh is the frst informant. The prosecution case is that the appellant and her two sons murdered Amjed. Amjed was the husband of the appellant. Amjed was discharging duties of ftling work in a factory. He was residing with the appellant and his sons. As per the deposition of PW-2, Amjed is the son of his maternal aunt Jaibundi. Jaibundi resides with her elder son Yusuf-PW-3, his wife and children. Amjed was addicted to liquor and quarreling with wife and children. PW-1 - Gulab Husen Shaikh, Amjed's maternal uncle persuaded him to give up the habit of drinking. Amjed was aggrieved with his wife and children taking money from his pocket. PW-1 tried to persuade Amjed, the appellant and his children not to quarrel. PW-1 says that on 5th June 2011 at 4.30 p.m. he was informed by his maternal aunt Jaibundi and PW-3 - Yusuf that the appellant and her sons have tied Amjed in the house since 11.00 a.m. They requested PW-2 - Rehman to come over immediately as the accused are not allowing anybody to enter the house. PW-2 - Rehman had been to the house of Amjed between 6.00 to 6.30 p.m. The appellant and her sons Irfan and Umarfarook were sitting in front of the house. The door was locked from outside. The accused informed PW-2 that Amjed is not allowing them to eat anything since morning and therefore they had to tie him in the house. When PW-2 asked them to open the door, they were reluctant as according to them Amjed will beat them. The accused called upon PW-2 to give in writing that Amjed will not quarrel with them. Upon PW-2's insistence to open the lock, Amjed's elder son Irfan reluctantly opened it. Irfan then opened another lock in the second room where Amjed was tied to the cot. The appellant refused to enter in that room. PW-2 asked her to go outside. PW-2 saw Amjed's both hands and legs were tied with a rope. Amjed said that the accused have tied him since morning and have not given him any food. Amjed also said that the accused beat him by a wooden stick on his leg. PW-2 saw blood on the leg. He also saw blood under the cot.

3. When PW-2 requested the accused to untie Amjed, they were reluctant as according to them Amjed will again beat them. When PW-2 assured them that he will take up the responsibility for their safety, the accused untied Amjed. Deceased Amjed was crying due to pain. His hands were swollen. He could barely stand. Amjed said that the accused had beaten him. His legs had injuries. PW-2 requested the accused to shift him to the hospital but they refused. Thereafter, PW-2 left and went home.

4. The next day in the morning of 6th June 2011 at 7.00 a.m., the appellant and her sons came to the house of PW-2 and told him that Amjed is lying motionless and not speaking. PW-2 went to the house of deceased Amjed. He saw Amjed lying on the cot. He was dead. The complaint was lodged by PW-2 with the Vijapur Naka Police Station at Exhibit 34.

5. The investigation was taken over by PW-8 - Ashfakahmed Allauddin Shaikh, Assistant Police Inspector. The inquest panchanama was drawn up at Exhibit 23. The dead body was sent for postmortem to the Civil Hospital, Solapur. The postmortem notes are at Exhibit 55. The probable cause of death is stated to be head injury. PW-6 - Dr