JUDGMENT

J.M. Panchal, J. —

This appeal by special leave is directed against Judgment dated July 15, 2002 rendered by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.414 of 1997 by which the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code as well as under Section 342 read with Section 34 and imposition of sentence of R.I. for life and fine of Rs.500/- in default R.I. for nine months for commission of offence punishable under Section 302 read with Section 34 as well as R.I. for six months and fine of Rs.500/- in default R.I. for one month for commission of the offence punishable under Section 342 read with Section 34, is altered and the appellant is convicted under Section 304, Part II read with Section 34 of the Indian Penal Code and sentenced to R.I. for six years.

2. The facts emerging from the record of the case are as under:

Dada, son of Shivram Meshram, who was original accused No.1, is the husband of the present appellant. Daulat, son of Bajirao Dudhpachare, was teacher by profession. However, he left the said job and started performing black magic. He was also doing sorcery and had large followers.