JUDGMENT :

RAVINDRA V. GHUGE, J.

1. By this appeal, the appellant/original accused, prays for quashing and setting aside the judgment and order of conviction delivered by the learned Additional Sessions Judge, Ambajogai, District Beed dated 11.09.2014 in Sessions Case No. 1/2014. By virtue of the said judgment, the appellant (Saraswati W/o Ganpat Landge) has been convicted for the offence of murdering her husband (Ganpat Landge), punishable under Section 302 of the Indian Penal Code. She has been sentenced to suffer imprisonment for life and pay a fine of Rs. 1000/- or suffer rigorous imprisonment for two months.

2. We have heard the learned advocate for the appellant and the learned prosecutor on behalf of the prosecution. With their assistance, we have gone through the appeal paper book, the record and proceedings and the muddemal. 3. The prosecution has been successful in proving the charge leveled upon the accused on the basis of the following factors:-

(a) The deceased Ganpat Shankar Landge and his wife Saraswati, the appellant herein, were residing in Gaval Galli, Ravivar Peth, Ambajogai. They had five daughters and one son. All the daughters are married. An agricultural land admeasuring about 3 to 4 acres was in the name and in the possession of the deceased. Because of his constant quarrels with the appellant, he was intending to donate it to any religious trust/Devasthan or a person, who would maintain him during his old age. This was said to be a primary reason for the quarrels between the couple.

(b) On 10.10.2013, early in the morning the deceased Ganpat Landge was found dead in his house. It was obviously an unnatural death. The appellant had herself traveled to the Police Station and made a statement that she had murdered her husband. On hearing this, the concerned Police Officer informed the Station House Officer Mr. Tribhuvan on telephone. He has taken such entry in the Station Diary. On receiving the telephonic message, Mr. Tribhuvan, who was on night duty at the Yogeshwari Temple, Ambajogai, proceeded to the place of incident along with some constables. He found the dead body of Ganpat with injuries on his head, face, all over the body and even his genitals. He found pieces of bangles, a wound plank, a blanket, an old bucket, a faint sky colour blouse and sky colour saree, at the spot. All these articles were stained with blood. Mr. Pradip Tribhuvan seized all those articles, collected simple earth and blood stained earth. He prepared the spot panchanama Exhibit-28, an inquest panchanama Exhibit-14 and referred the dead body for postmortem.

(c) Mr. Tribhuvan recorded the statements of Tukaram Ganpat Landge (PW-2), who is the son of the deceased. Tukaram narrated that there used to be frequent quarrels between his parents. On one occasion, his father had fractured the limb of his mother and in a subsequent fight, the appellant had fractured the limb of the deceased.

(d) He narrated that at about 09:00 PM on 09.10.2013, a quarrel erupted between his parents on account of the agricultural land while they were taking meals. Though he requested them to stop quarreling, both were uncontrollable. Being fed up, Tukaram left his home and slept at the Bus Stand at Ambajogai. After about half an hour, he started feeling cold and he traveled to the house of his married sister Satyasheela Atmaram Vaidya, who was also residing at Ambajogai. He stayed with her in her residence that night.

(e) At about 06:40 AM on 10.10.2013, his sister woke him up and said that the Police had informed her that “Bai” (their mother) had killed “Anna” (their father). Both of them reached their house and saw a wooden plank in broken condition, their father lying dead on the ground with multiple injuries, there was blood splattered on the ground. Injuries were noticeable on his head, ear, upper and lower limbs and his genitals. By that time, the appellant/their mother had reached the Police Station.

(f) After recording of evidence and voluntary statement