A.A. Sayed, J.

1. The above Appeal is preferred against a judgment and order dated 17.11.1999 of conviction, passed by the Additional Sessions Judge, Malegaon in Sessions Case No.11 of 1996, sentencing the Appellants to life imprisonment for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and also to pay fine of Rs.1,000/- each and in default to suffer rigorous imprisonment for one month.

2. The Appellant Nos.1 and 2 in the above Appeal were the Accused Nos.1 and 2 in the Trial Court. The Appellant No.2 Suman Arun Mahale died some time in the year 2000 in custody during the pendency of the Appeal, as evidenced by the Medical Certificate produced by the learned APP for the State. The above Appeal, in so far as Appellant No.2 is concerned, therefore abates.

3. The case of the prosecution in brief is thus - The victim Vandana Ratan Gaikwad, hereinafter referred to as "the deceased", was residing in slum area near S.T. Stand, Manmad. On 28.09.1995 the deceased was found in burnt condition in front of her hut. The deceased was residing alongwith her paramour Ratan Gaikwad (PW-2) and one minor daughter Vanita (