(1.) The present appeal is at the instance of a convict - original accused no.1 of the offences punishable under Sections-302, 449 and 201 of the Indian Penal Code and is directed against the judgment and order of conviction and sentence dated 31st March, 2015 passed by the Additional Sessions Judge, Jetpur in the Sessions Case No.10 of 2013.
(2.) By the aforesaid order, the Additional Sessions Judge, Jetpur found the appellant herein guilty of the offences punishable under Sections-302, 449 and 201 of the Indian Penal Code and consequently, sentenced her to suffer life imprisonment with fine of Rs.5,000/- and in default of the payment of the amount of fine, to undergo further one year of simple imprisonment. The appellant also came to be convicted for the offence punishable under Section-449 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.2,000/- and in default of the payment of the amount of fine, to undergo simple imprisonment for a period of one year. The appellant has also been convicted for the offence punishable under Section-201 of the Indian Penal Code and has been sentenced to undergo two years of rigorous imprisonment with fine of Rs.1,000/- and in default of the payment of the amount of fine, to undergo three months of further simple imprisonment.
(3.) CASE OF THE PROSECUTION:- The accused lady wanted to elope with her paramour and therefore, she killed Jiviben Lakhmanbhai Mandani, an old lady aged about 90-95 years of the village, by strangulating her. The accused, thereafter, brought the dead-body of the lady to her house, poured kerosene on the dead-body and set it ablaze to destroy the evidence and to show that she has died. She burnt her own clothes on the dead-body and thus she committed an offence.
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