NIVRUTTI PANDURANG KOKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court. Each of the appellants was convicted for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') for allegedly committing murder of one Baban Misal (hereinafter referred to as the 'deceased') in the night between 9th July, 1998 and 10th July 1998. It was further alleged that they had buried him in his agricultural land, a short distance from his house. Ranjana Baban Misal who was the accused No. 1 and the appellant No. 1 before the High Court, had expired and therefore, the appeal was held to have abetted so far as she is concerned. Appellants 2 & 3 were claimed to be her paramours and appellant No. 4 is the son of appellant No. 1 and the deceased. He had other siblings one of which was examined as an eye witness to the incident.

(3.) The prosecution version in a nutshell was that deceased appellant Ranjana had extra marital affairs with appellants 2 and 3 since the deceased objected to such activities. They together with her son committed the murder of the deceased and disposed of the dead body by burying it in his own agricultural land near his house and by disposing of the blood, blood stained clothes and other articles.