MARUTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who are the husband and wife are questioning the correctness of the Judgment and Order of conviction G.A.Ghule (P.A.) passed by the learned Additional Sessions Judge, Kandhar, Dist. Nanded dated 12th July, 2011 in Sessions Case No.2 Of 2010 whereby, the learned court below was pleased to record the guilt, for the offence punishable U/Section 302 read with 34 of the Indian Penal Code, 1860 (In short, the I.P.Code) and sentenced both of them to suffer imprisonment for life and both of them were directed to pay fine of Rs. 2000/- (Rs.Two Thousand only) and in default, to suffer rigorous imprisonment for six month. The court below however, was pleased to acquit both the accused for the offence punishable U/Section 449 read with 34 of the I.P.Code.

(2.) As per the Charge, both the appellants on 2nd September, 2009 at about 8.00 a.m. at village Shelali, Tal. Kandhar, Dist. Nanded in furtherance of their common intention committed the murder of Sunita w/o Madhav Kendre by committing house trespass by entering into the house of Sunita and appellant No.1 poured kerosene on the person of Sunita and appellant No.2 set her on fire by throwing burning match stick. Thus, the appellants faced the Charge for the offence punishable U/Section 449 read with 34 of the I.P.Code.

(3.) The prosecution case can conveniently be stated as under :-