SAVITA NAMDEV DETHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are the original accused nos.1 and 2 respectively. The learned Sessions Judge, Pandharpur by its impugned judgment and order dated 19th May 2007 in Sessions Case No.101 of 2006 convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.1000/ each, in default of the same to suffer RI for one month. The appellants have been further convicted under Section 201 read with Section 34 of the Indian Penal Code and are sentenced to undergo RI for 3 years and to pay fine of Rs.500/, in default of the same to suffer RI for one month. The learned Trial Court has directed that both sentences to run concurrently. The appellants have questioned the correctness of their conviction by the present appeal.

(2.) The appellants were original accused nos.1 and 2 before the leaned Trial Court and therefore they are described hereinafter as accused nos.1 and 2 respectively for the sake brevity and clarity in the matter.

(3.) The facts which can be enumerated from the record, may briefly be stated thus: