BINABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal preferred under Section 374 of the Code of Criminal Procedure, 1973, the appellants -two lady convicts (who happen to be sister-in-law of deceased) have challenged the judgment and order of conviction dated 26.9.2016 rendered by learned 3rd Additional Sessions Judge, Surat in Sessions Case No.44 of 2008 by which the appellants have been convicted for the offence punishable under Sections 302 and 120 (B) of Indian Penal Code and ordered to undergo rigorous imprisonment for life with fine of Rs.10,000/- each and in default of payment of fine, further simple imprisonment for a period of one year. The appellants also came to be convicted for the offence punishable under Sections 365 and 201 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of seven years with fine of Rs.2,000/- each and in default of payment of fine, further simple imprisonment for a period of one month. The appellants also came to be convicted for the offence punishable under Section 506 (2) of the Indian Penal Code and ordered to undergo simple imprisonment for a period of one year and fine of Rs.2,000/- each and in default of payment of fine, further simple imprisonment for a period of one month. All the sentences were ordered to run concurrently.

(2.) The appeal came to be admitted by order dated 18.1.2017. The Records and Proceedings had reached to this Court along with the paper-book prepared by the learned Trial Court. Since the appellant Nos.1 and 2 came to be arrested in the month of November 2007 and January 2008 respectively and have undergone more than eleven years of imprisonment, the appeal has been taken up for final hearing when an application for suspension of sentence came to be filed.

(3.) The short facts arise from the record are as under :-