IMPORTANT POINT
Confessions of co-accused are inadmissible against another unless tried jointly; conviction based solely on such confessions violates evidentiary standards.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Invoking the criminal appellate jurisdiction of this Court under Section 374(2) of the CrPC, Kishore Rajwade (A-1) has preferred Cr.A. No.1050/2018 and Sarita Rajwade (A-2) has preferred Cr.A. No.1115/2018 calling in question legality, validity and correctness of judgment of conviction & order of sentence dated 30-6-2018 passed by the 2nd Additional Sessions Judge, Surajpur, in Sessions Trial No.65/2017 by which the two appellants have been convicted and sentenced as under: -

Sarita Rajwade (A-2)

3. Case of the prosecution, in short, is that on 7-7-2017 at 9.30 p.m. near Anrokha Road, Police Station Odgi, District Surajpur, accused Sarita Rajwade (A-2) & accused Kishore Rajwade (A-1) along with two other juvenile co-accused namely, Yogesh Rajwade & Rajesh Rajwade conspired together and in furtherance of their common intention, assaulted Jugeshwar – husband of accused Sarita Rajwade (A-2), by axe by which he suffered grievous injuries and died, and in order to screen themselves from the offence, dead body of Jugeshwar, his motorcycle & his mobile-phone were hidden in various places at Odgi forest and thereby committed the offence. It is the further case of the prosecution that accused Sarita Rajwade (A-2) had relationship outside of marriage with one Devpal (PW-5) and deceased Jugeshwar has seen the same on 7-7-2017 pursuant to which it is also the case of the prosecution that Jugeshwar started harassing her and in order to get rid of her husband, Sarita (A-2) conspired with Kishore (A-1) and two other juvenile co-accused and contracted with them for Rs. 50,000/- to kill her husband Jugeshwar and in advance, she had given her tops valuing Rs. 5,000/- to Yogesh – one of the juvenile co-accused and thereafter, in order to give effect to their conspired plan, Kishore A-1, Sarita A-2 and two juvenile co-accused Yogesh & Rajesh administered liquor to Jugeshwar and committed marpit with him by axe and other offences. Parshottam (PW-2) reported the matter to the police on 13-7-2017 vide morgue intimation Ex.P-3. Spot map was prepared by the Investigating Officer vide Ex.P-4 in the form of Crime Details Form. Nazri naksha was prepared by the Patwari vide Ex.P-8. FIR was registered vide Ex.P-27. Inquest over the dead body of the deceased was conducted vide Ex.P-2. Dead body of the deceased was sent for autopsy to Community Health Centre, Odgi vide Ex.P-26. Autopsy was conducted by Dr. Manish Mishra (PW-3) vide autopsy report Ex.P-5 in which cause of death was stated to be due to shock and haemorrhage and death was homicidal. It was further opined that the injuries suffered by the deceased may have been caused by axe. Memorandum statement of juvenile co-accused Yogesh was recorded vide Ex.P-10 pursuant to which seizure of motorcycle, mobile phone and tops/ear wrings were made vide Exs.P-11, P-12 & P-13 in presence of Baleshwar Rajwade (PW-9) & Keshwar Rajwade (PW-19). Similarly, memorandum statement of another juvenile co-accused Rajesh was also recorded vide Ex.P-14 pursuant to which seizure of axe, clothes and mobile phone were made vide Exs.P-15, P-16 & P-17 in presence of Baleshwar Rajwade (PW-9) & Keshwar Rajwade (PW-19). Memorandum statement of accused Sarita (A-2) was recorded vide Ex.P-18, but nothing was seized pursuant to her memorandum statement. Identification of seized articles from the body of deceased Jugeshwar w