(1.) THE Criminal Appeal filed by original accused nos. 1 to 3 is directed against the order of conviction and sentence dt. 30th of April, 2002, passed by the Ad Hoc Additional Sessions Judge, Nandurbar. THE accused no.1 Prakash and accused No. 2 Ramu are convicted under Section302 read with Section34 of IPC and both of them are sentenced to suffer capital punishment.
(2.) THE accused no.3 Shiva is convicted under Section302 read with Section34 of IPC and is sentenced to suffer imprisonment for life. THE original accused nos. 1 to 3 are also convicted under Section506 (ii) read with Section34 of CPC, however, no separate sentence is inflicted on them in view of capital punishment and imprisonment for life.
(3.) ON account of retention of Ramabai, as a second wife, the married life of Jaitubai was disturbed. Accused nos. 1 to 3 were not happy over this affair. They were shocked to know that their brother-in-law Madhukar brought Ramabai as his second wife and kept her in the house which adversely affected the married life of Jaitubai. Accused became furious and decided to teach a lesson to Madhukar.