VILAS AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by convicted accused is directed against the judgment and order dated 23 -2 -2012, passed by the learned IVth Additional Sessions Judge, Nanded, in Sessions Case No. 131/2011, thereby convicting appellants / accused of the offences punishable under Sections 498A and 302, read with Section 34 of the Indian Penal Code, 1860 (IPC for the sake of brevity) and directing them to suffer life imprisonment and to pay fine of Rs. 5,000/ -, each, in default, to suffer further rigorous imprisonment for one month, for the offence punishable under Section 302, read with Section 34 of IPC. For the offence punishable under Section 498A read with Section 34 of IPC, appellants / accused were sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs. 5,000/ -, each, and in default, to suffer further rigorous imprisonment for one month, each.

(2.) THE facts projected from Police report leading to the prosecution of appellants -accused are thus : -

(3.) UPON hearing both sides, by the impugned judgment and order dated 23 -2 -2012, the learned IVth Additional Sessions Judge came to the conclusion that the prosecution has proved that Appellant -accused have committed offence punishable under Section 302, read with Section 34 of IPC by setting Ashwini w/o. Vilas @ Pankaj Sable ablazed after pouring kerosene on her person and thereby committing her murder. The learned trial court also came to the conclusion that Appellant -accused in furtherance of their common intention, had subjected deceased Ashwini to cruelty.