JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellant challenges the judgment and order dated 17-8-1995 passed by Additional Sessions Judge, Jalna in Sessions Case No. 92/93 whereby he has been convicted and sentenced in the manner stated hereinafter :

(i) Under section 302 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 1,000/- i.d. to suffer 2 years R.I.; and

(ii) Under section 201 I.P.C. to suffer 4 years R.I. and to pay a fine of Rs. 500/- i.d. to undergo one year R.I.

The substantive sentences of the appellant were ordered to run concurrently.

It is pertinent to mention that alongwith the appellant, his two brothers namely; Dnyandeo Mule and Sakharam Mule and his wife Mirabai are also tried for the said offences but they have been acquitted through the impugned judgment and the State of Maharashtra has not assailed their acquittal by preferring a appeal under section 378(1) of the Code of Criminal Procedure.

2. Shortly stated, the prosecution case runs as under :

The deceased Narayan was son of Yashodabai w/o. Sheshrao Mule, P.W. 2 and the husband of Gangasagar Narayan Mule, P.W. 7. The marriage between the deceased and Gangasagar Mule took place about

Click Here to Read the rest of this document