Bombay High Court
Gayabai Namdeo Shirsath vs State Of Maharashtra on 6 September, 2023
Bench: Bharati Dangre
2023:BHC-AS:26116
(9)IA-3109-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3109 OF 2023
IN
CRIMINAL APPEAL NO.957 OF 2023
Gayabai Namdeo Shirsath ] .. Applicant
vs.
State of Maharashtra ] .. Respondent
Mr.Shrirang Katneshwarkar, for the Applicant.
Mr.S.R. Agarkar, APP for the State.
CORAM : BHARATI DANGRE, J
DATE : 06th September, 2023.
P.C.
1] By the present Application, the Applicant, mother-in-law of the
deceased, seek suspension of sentence imposed on her on being
convicted under Section 498A of the IPC and she also seek her release
on bail, on such terms and conditions, as the Court deems fit and
proper.
2] Heard the learned counsel for the Applicant and the learned APP
for the State and perused the impugned Judgment, awarding the
conviction.
3] Four accused persons faced the charge under Section 306,
498A, read with 34 of the IPC pursuant to the death of Madhuri who
was married to Accused No.1 on 12.03.2018. The other accused are
the parents and brother of Accused No.1.
(9)IA-3109-2023.doc
The subject CR came to be registered upon the complaint filed
by PW 1, the father and Madhuri and the accused persons were
subjected to trial in Sessions Case No.149/2020 for charge, under
Section 498A and 306 of the IPC.
All the Accused stood acquitted of the charge under Section 306,
as the prosecution failed to prove whether she accidentally fell into
the well or she committed suicide, and except accused No.2 i.e. the
present Applicant, the other three accused were also acquitted of the
charge under Section 498A of the IPC.
4] As far as Section 498A is concerned, the learned Judge, by
relying upon the evidence of PW 1, PW 3 and PW 5, held the Applicant
guilty of assaulting the deceased with a Khurpa and it was construed
that apart from causing physical injury, it also caused mental cruelty to
her and hence finding of guilt was recorded and she was convicted
under Section 498A of the IPC.
Prima facie, when the evidence of PW 1, PW 3 and PW 6 is
perused, it refer to an incident four months prior to her death when her
mother in law is alleged to have assaulted her with Khurpa and she
was treated. However, PW 1 do not specify the date or the time and the
assault and he depose that once her mother in law had hitted her with
a sickle on her head. He do not refer to the deceased being taken for
medical treatment.
Apart from this, no medical certificate of treatment is produced
by prosecution.
5] In the wake of above, since this ultimately would be a matter of
appreciation of evidence, which was relied upon by the learned judge
for convicting the Appellant, considering the minuscule sentence of
(9)IA-3109-2023.doc
Rigorous Imprisonment of six months and since the prima facie case is
established by the Applicant, Appeal is admitted, on the ground of
inconsistency in prosecution case.
It is informed that the Applicant was on bail during the trial and
hence she deserve to be released on bail subject to following
conditions :
a] The Applicant shall be released on bail on
furnishing P.R. bond to the extent of Rs.25,000/- with one
or two sureties of the like amount.
b] The applicant shall furnish her address to the
concerned Police Station and keep the Investigating Officer
updated about any change in address.
c] The sentence imposed on the Applicant by the
impugned Judgment is of conviction is suspended,
pending the Appeal.
Interim Application is disposed off in the above terms.
[BHARATI DANGRE, J]
