ADINA SUBHASH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants/ original accused nos. 1 and 2 who are convicted by judgment and order dtd. 29/11/2021 delivered by the Sessions Judge, Yavatmal in Sessions Case No.187/2019 and sentenced to undergo imprisonment for life for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, with payment of fine of Rs.500.00 each, and in default of payment of fine, to undergo simple imprisonment for one month, have filed this Appeal under Sec. 374(2) of the Code of Criminal Procedure, challenging their aforesaid conviction and sentence. The accused no.1 Adina was on bail during the trial, as well as her execution of sentence was suspended during the pendency of this Appeal. Accused no.2 Ankush is in jail till date.

(2.) The facts as are necessary for the decision of this appeal can be stated in brief as under :

(3.) On 9/8/2019 in wee hours around 4 a.m. one Dharma Chavhan, neighbour of deceased Subhash Rathod came to the house of the informant -PW 2 Pawan and informed that someone has snatched gold ornaments of his aunt (Adina - A1) and killed Subhash by means of a weapon. Immediately the informant rushed to the house of his uncle Subhash, who was found lying dead at his house. Subhash has sustained bleeding injuries at his head and face. Blood was spilled over the floor. The informant suspected a foul play by his aunt (Adina - A1), since the deceased was quarreling with her by suspecting her character. The informant Pawan rushed to the concerned police station and expressed his suspicion that his aunt (Adina - A1) might have killed the deceased Subhash with the aid of some one.