Point of Law : By impugned judgment and order of conviction, appellants in these two appeals were convicted for offence punishable under Sections 302, 364 and 201 read with Section 34 of Indian Penal Code. Life imprisonment on each count is punishment imposed upon them for offence punishable under Sections 302 and 364 of Indian Penal Code together with fine.

JUDGMENT :

V.M. Deshpande, J.

These two appeals are filed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 11/2014 dated 27/09/2016. By the impugned judgment and order of conviction, the appellants in these two appeals were convicted for the offence punishable under Sections 302, 364 and 201 read with Section 34 of the Indian Penal Code. Life imprisonment on each count is the punishment imposed upon them for the offence punishable under Sections 302 and 364 of the Indian Penal Code together with fine of Rs.10,000/- by each of them on each count. Insofar as conviction under Section 201 of the Indian Penal Code is concerned, the learned Judge has imposed sentence of rigorous imprisonment for three years along with fine of Rs.5,000/- by each of them.

2. Criminal Appeal No.397/2016 is filed by accused Pramod Rannavare, whereas Criminal Appeal No. 426/2016 is filed by accused Nitin Ghadge, Monika Bhabat and Ashish Kathale. In the Charge framed by the learned trial Judge (Exh.12), accused Monika was shown as accused no.1, accused Pramod was shown as accused no.2, accused Ashish was shown as accused no.3 and accused Nitin was shown as accused no.4. In this judgment, they will be referred to by their said position.

3. Since these two appeals arise out of the same judgment, they were heard together and they are being decided by this common judgment.

4. Accused no.2 Pramod is represented by learned Senior Advocate Shri Avinash V. Gupta with learned counsel Shri Akash A. Gupta. Accused no.1 Monika, accused no.3 Ashish and accused no.4 Nitin are represented by learned counsel Shri Mahesh Rai. Learned Additional Public Prosecutor Shri S.S. Doifode represented the State in these two appeals.

5. As per the Charge, all the accused persons in furtherance of their common intention on 01.10.2013, at about noon time at mouza Wafgaon area committed murder of Manoj Bhabat and after committing his murder thrown the dead body. The learned Judge framed the charge for the offence punishable under Section 364, 302 and 201 read with section 34 of the Indian Penal Code.

6. All the accused persons denied the charge and claimed for their trial. In order to prove the charge and in order to bring home their guilt in the trial, the prosecution has examined in all 29 witnesses and also relied upon numerous documents, which were duly proved during the course of the trial.

7. Deceased Manoj and accused no.1 Monika were husband and wife. According to the prosecution, there were illicit relations in between accused no.1 Monika and accused no.2 Pramod and therefore, they with the help of accused nos.3 and 4 committed murder of Manoj.

PROSECUTION CASE

8. PW5 Sanjay Wawre is the first person who noticed the dead body of an unknown person on 04.10.2013. On the said day, at about 4.00 to 4.30 p.m., he was returning to his house at Wafgaon from his agricultural field. On the way he stopped for urinating. That time he noticed legs of human body below the bridge. Therefore, he got scared. After some time, one another person came there and along with him he went near the bridge to notice that a dead body was lying under the bridge. He, therefore, informed the said fact to Police Station, Deoli.

9. On 04.10.2013, Vijay Dhawale (PW13) was attached to Police Station, Deoli as Police Head Constable. He went to the spot. In the meanwhile, Sanjay Waware (PW5) gave intimation (Exh.292) in respect noticing dead body in decomposed condition and therefore, action be taken. Accordingly, Accidental Death No.56/2013 under Section 173 of Cr. P.C. was registered by HC Vijay Dhawale and he conducted enquiry. During enquiry, Vijay Dhawale recorded spot panchanama (Exh.187). The spot was shown by Sanjay Waware. The spot of the incident was within the area of Wafgaon to Ratnapur road under the bridge. On the spot, Aadhar Card, Election identity card, one shoe, hand gloves, one socks, bed sheet etc. were found. Spot panchanama was d