JUDGMENT :

(Per Sadhana S. Jadhav, J.)

1. The appellants have taken an exception to the Judgment and Order dated 23rd May 2014 passed by the Ad hoc District Judge-3 and Additional Sessions Judge, Nashik in Sessions Case No.282 of 2012 by which the appellants have been convicted for the offence punishable under sections 302, 120-B r/w 34 of Indian Penal Code for life imprisonment and pay fine of Rs.500/- each, in default to suffer S.I. for one month each.

2. Such of the facts necessary for the decision of this appeal are as follows :-

(i) That the appellant no.1 - accused no.1 - Akbar Khan was married to Afsana Begum. The appellant no.1 was working as Hawaldar in Light Regiment and hence, was residing in the Military Quarters Nos. P-9/8/ OG Line, Deolali Camp, Dist. Nashik. The appellant’s duty was at the Army Rest House from morning to evening i.e. 6.30 am to 1.00 pm and from 3.00 pm to 6.00 pm.

(ii) The incident in question has occurred on 7th September 2012. On 7th September 2012 the wife of the appellant Afsana Begum (hereinafter referred as “the deceased”) was taken to the Medical Officer Hospital by Subhedar Prasad and Nursing Assistant Naik Mehetre. At about 6.30 pm, the deceased