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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.399 OF 2003

Janabai w/o Ramchandra Kondamangale,

Age-49 years, Occu-Household/Agriculturist,

R/o Dhanora, (M), Tq.Loha,

Dist.Nanded

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APPELLANT

VERUS

The State of Maharashtra

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RESPONDENT

Mr.A.M.Gaikwad, Advocate for the appellant.

Mr.S.D.Ghayal, APP for the respondent/State.

( CORAM : RAVINDRA V. GHUGE AND

B.U.DEBADWAR, JJ.)

DATE : MARCH 11, 2021

ORAL JUDGMENT : (Per Ravindra V.Ghuge, J.)

1.

By this appeal, accused No.1 seeks to challenge the judgment dated

05/03/2003, delivered by the learned Sessions Judge, Nanded in Sessions

Case No.14/2000, vide which the appellant has been held guilty of

committing the murder of her daughter in law Meerabai and has been

sentenced to suffer imprisonment for life.

2.

By the order dated 22/07/2003, the appellant Janabai has been

granted bail. Accused Nos. 2 and 3 have been acquitted by the Trial Court

and the State has not preferred an appeal against such acquittal.

khs/Mar.2021/399-d

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3.

The prosecution had set up it’s case before the Trial Court as

under :-

[a]

Accused No.1 Janabai lost her husband when she was about 25 years

of age. Accused No.2 is the husband of the deceased. Accused No.3 is a

barber living in the said village who had developed illicit relations with

accused No.1 after she became a widow. P.W.No.1 Datta Maroti Chamkure

is the brother of Janabai. Similarly, P.W.No.2 Gangadhar is also her

brother. Deceased Meerabai is the daughter of P.W.No.1 Datta, who was

given in marriage to accused No.2 Vitthal who is the son of accused No.1

Janabai.

[b]

On 03/10/1999, P.W.No.8 Ram Hiraman Kompalwar, Police Patil of

the Village had lodged an FIR at around 11.00 a.m. with the Loha Police

Station, Dist.Nanded. It was set out in the said complaint that he had

heard rumours at around 9.00 a.m. that Meerabai was killed in her farm.

Several villagers had gathered at the spot. P.W.No.8 visited the spot and

found accused No.1 Janabai sitting next to the body of Meerabai. Upon

investigation, accused No.2 Datta was suspected of harassing Meerabai by

seeking dowry of Rs.25,000/-. Accused No.3 Haridas was suspected of

participating in the crime since he had illicit relations with Janabai and the

deceased Meerabai had actually seen both of them together in a

compromising position.

[c]

In all 9 witnesses were examined who are as under :-

* P.W.No.1 Datta Maroti Chamkure, father of Meerabai, a barber,

khs/Mar.2021/399-d

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* P.W.No.2 Gangadhar Maroti Chamkure, a barber,

* P.W.No.3 Ram Bapurao Kadam, panch witness of the spot panchnama and

inquest panchnama,

* P.W.No.4 Dr.Devidas Bapurao Kanwate, Autopsy Surgeon, who performed

the post mortem,

* P.W.No.5 Sunita Yadav Matore, witness who turned hostile,

* P.W.No.6 Bharat H.Kendre-carried the clothes/muddemal articles to the

forensic science laboratory,

* P.W.No.7 Shobha Kishanrao Wakle, a nurse working in Primary Health

Centre, Dhanora,

* P.W.No.8 Ram Hiraman Kompalwar, Police Patil, first informant,

* P.W.No.9 Madhukar Nanasaheb Kavathe who was the Investigating Officer.

4.

After a complete trial, the testimony of P.W.No.7 was found to be

trustworthy by the Trial Court and since the prosecution established the

'last seen alive together' theory, that Janabai was held responsible for the

murder of Meerabai. Accused No.2 Vitthal was acquitted from the charge

of cruelty and harassment. Accused No.3 Haridas was also acquitted in the

absence of evidence indicating his involvement in the murder of Meerabai.

5.

We have considered the strenuous submissions of the learned

Advocate for the appellant and the learned Prosecutor on behalf of the

State. With their assistance, we have gone through the appeal paper book

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threadbare and have also perused the record and proceedings.

6.

The appellant has relied upon the following judgme