NAGESHWAR ANUPALAL PODDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Advocate Mr. Arfan Sait is appointed as Counsel for the Appellants under the Legal Aid Scheme at State expense in both the Appeals.

(2.) Appellant in Appeal No.564 of 2006 is the husband of deceased Sitadevi. The Appellant Nageshwar Anupalal Poddar in Criminal Appeal No.563 of 2006 is the brother of Arvindkumar Anuplal Poddar, Appellant in Criminal Appeal No.564 of 2006. Both Appeals are being disposed of by this common order as they arise from the same judgment which has resulted in conviction of the Appellants under Section 302 read with Section 34 of the I.P.C. who were consequently sentenced for life imprisonment. They are also ordered to pay a find of Rs.5,000/- each, in default to suffer further R.I. for a further period of two years each.

(3.) The case of the prosecution is that on 6th December, 2001 at about 7.00 a.m. at Gorai Creek the accused in furtherance of their common intention killed one Sitadevi by means of a knife causing her death and thereby committing offence punishable under Section 302 read with Section 34 of the I.P.C. They also threw the dead body of Sitadevi in the creek causing disappearance of evidence in order to screen themselves and thereby committed offence punishable under Section 201 read with 34 of the I.P.C.