ARCHANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.712/2002 arises out of judgment and order dated 28/11/2002 passed by learned Additional Sessions Judge, Amravati in Sessions Trial No.38/2002. By the said judgment and order, the learned Additional Sessions Judge convicted appellant Archana Sitaram Dhole of the offence punishable under Section 302 of the Indian Penal Code and sentenced her to imprisonment for life and fine of Rs.200 in default RI for six months. By the very same judgment and order the learned Additional Sessions Judge acquitted accused Nos.2, 3 and 4 of the offence punishable under Section 302 read with Section 34 IPC, accused No.5 of the offence punishable under Section 201 IPC and all the accused of the offence punishable under Section 498A read with Section 34 of the IPC. The State being aggrieved of the judgment and order of acquittal has assailed the same in Criminal Appeal No.127/2003.

(2.) For the sake of convenience, we shall refer the appellant in Criminal Appeal No.712/2002 and respondents in Criminal Appeal No.127/2003 in their original status as accused Nos.1 to 5 as they were referred before the trial court. The gist of prosecution case is as under :

(3.) On committal of the case, trial Court framed charge against the accused at Exhibit10. They pleaded not guilty and claimed to be tried. According to the accused, Shila sustained burns accidentally while cooking food and they were falsely implicated.