JUDGMENT :

Dr. Arijit Pasayat, J.

Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench. Conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'Indian Penal Code') was confirmed while setting aside the conviction and sentence relatable to offence punishable under Section 498A Indian Penal Code read with Section 34 Indian Penal Code. All the appellants were convicted by learned 1st Additional Sessions Judge, Parbhani in Sessions Trial No. 214/2001.

3. Prosecution version as unfolded during trial is as under :

Rubina (hereinafter to as 'deceased') was married to appellant No. 1 Sk. Bakshu about 8 days prior to the alleged incident, which took place on 19.8.2001 at about 4 p.m. in the house of the appellants. While the deceased was staying in the house of her in-laws, the appellant No.2-Banubai Shakur, sister-in-law of the deceased and appellant No.3 Safirabi Sk. Wahed, mother-in-law of the deceased caught hold of her and her husband, the appellant No.1 Sk. Bakshu by pouring kerosene on her person, set Rubina on fire. The deceased suffered burn injuries. While s