RADHABAI LAHANU PAREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. With the consent of parties, taken for final hearing.

(2.) The petitioner Radhabai Lahanu Parekar was convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and was sentenced to suffer life imprisonment in Sessions Case No. 42/1994 by Additional Sessions Judge, Beed by judgment and order dated 23.8.1994. The date of incident was 22.1.1994. The petitioner committed murder of her husband.

(3.) Being aggrieved by the judgment and order passed by learned Additional Sessions Judge, Beed, the petitioner preferred Criminal Appeal to the High Court, bearing Criminal Appeal No. 541/1996. By judgment and order dated 30.7.2001, the Division Bench of Bombay High Court, Bench at Aurangabad (Coram : Vishnu Sahai & A.S. Bagga, JJ.) dismissed the appeal of the petitioner. The petitioner was convicted by the trial Court for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code along with another accused namely Sanjay Eknath Gade, who had filed separate appeal bearing Criminal Appeal No. 325/1994. The Division Bench allowed the appeal filed by Sanjay. The judgment and order of conviction and sentence imposed by the trial Court on Sanjay was set aside and he was acquitted of the charge.