SUNIL SHRIPAL SARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on both the appeals which are respectively preferred by original accused No.1 and original accused No.2 challenging the judgment and order of conviction dated 27th February, 2004 passed by III Adhoc Additional Sessions Judge, Sangli in Sessions Case No.87 of 2003. Both the accused were convicted of the offence punishable under Section 302 read with Section 34 of IPC and they were sentenced to suffer imprisonment for life and to pay fine of Rs.1000/ & Rs.500/ respectively, in default to undergo further sentence for six months each.

(2.) Initially Criminal Appeal No.1378 of 2004 was preferred by orig.accused No.1. When the said appeal was taken

(3.) The case of the prosecution, in nutshell, is as under :Initially the victim Dipak Pawar, his wife Baby Pawar (Appellant/accused No.2) and his children including PW3 Manisha and PW5 Dipali were residing together at Koregaon Bhima, District Pune. That time, Dipak Pawar was working as a compounder and was also selling medicines from his house. That time, marriage of PW5 Dipali was performed and she started residing at her matrimonial home. Thereafter victim Dipak had