SUMAN AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the accused/appellant No. 1 Smt. Suman Chintaman Dhabekar and accused/appellant No. 2 Satish Shyamrao Wadhai against the judgment dated 12th of March, 2004 passed by the learned 3rd Additional Sessions Judge, Nagpur in Sessions Trial No. 345 of 2001. By this judgment, both the accused/appellants named above came to be convicted for the offence punishable under Section302 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - each and in default of payment of fine to suffer rigorous imprisonment for three months each. Both the accused are acquitted of the offence punishable under Section 177 read with Section 34 of the Indian Penal Code.

(2.) IN brief, case of prosecution can be stated as under -

(3.) ON 21st of April, 2001, blood stained clothes of accused came to be seized under seizure panchanama at Exh. 20 and Exh. 23, respectively. On the same day, some portion of the tyre of truck having blood stains came to be removed and seized along with left side mudguard under seizure panchanama Exh. 22. Clothes of deceased produced by P.C. Sarode along with rope came to be seized under seizure panchanama Exh. 21.