VARSHA BABA ITANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants viz. Namdeo Dashrath Kawale and Varsha Baba Itankar were tried before 4th Ad-hoc Additional Sessions Judge, Chandrapur in Sessions Case No. 96 of 1997 for offences punishable under Section 302 read with Section 34; Sections 364, 109 and 120-B of the Indian Penal Code. The learned trial Judge vide order dated 27.1.2003 convicted the accused (appellants herein) for said offences and sentenced them to undergo imprisonment for life and also imposed fine in the sum of Rs. 1000/- on each count for offences punishable under Section 302 read with Section 34, Sections 364 and 109 of the Indian Penal Code. The accused were also sentenced to undergo rigorous imprisonment for two years for offence punishable under Section 120B of the Indian Penal Code.

(2.) Aggrieved by the aforesaid conviction and sentence, accused have preferred these appeals.

(3.) Prosecution case briefly stated is as under :