KESHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In a Sessions Case No.138 of 2008, the Additional Sessions Judge-II, Beed, by Judgment and order dated 1st January, 2010, convicted and sentenced the Appellants herein for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The other original four accused were acquitted of all the charges by the trial Court. The State has preferred Appeal No.181 of 2010 against the order of acquittal. These two Appeals are disposed of by common Judgment and order.

(2.) Facts in brief are, that deceased Dropadabai, wife of Rajendra Sangale, was married before five years of the incident with Appellant No.2 Rajendra Sangale. Rajendra Sangale was already married to Suman alias Pankhabai. As Suman, first wife of Rajendra, was not blessed with a child, he married for the second time with deceased Dropadabai. But after marriage, the first wife, Suman delivered two children, first was girl child, and another was a son. The Appellants along with deceased Dropadabai, Suman, Mother-in-law, sister-in-law, brother-in-law, used to reside jointly.

(3.) The prosecution case gets unfolded through two dying declarations.