In cases based on circumstantial evidence, the prosecution must prove a complete and conclusive chain of circumstances to establish guilt beyond a reasonable doubt.

JUDGMENT :

P. M. RAVAL, J.

1. Both these appeals arise from the judgment and order of conviction dated 28.3.2014 passed in Sessions Case No.58 of 2011 by the learned 10^th Additional Sessions Judge, Vadodara convicting both the appellants under sections 302, 201 and 34 of Indian Penal Code by imposing life imprisonment and imposed a fine of Rs.1000/-, in default, to undergo further six months imprisonment and sentence under section 201 of Indian Penal Code for 7 years and also imposed a fine of Rs.1000/-, in default, to undergo further simple imprisonment of six months. Both the sentences were ordered to run concurrently.

2. Since the challenge in both the captioned appeals are self-same, both the appeals are heard together and shall be governed by a common order.

3. The facts of the case in nutshell are as follows :

3.1 It is the case of the prosecution that Sujata @ Babita by hatching conspiracy with Yogesh Murlidhar Gite with whom she has love affairs paid Rs.30,000/- to one Shekhar Gnaneshwar Gadekar who is absconding accused for eliminating her husband i.e. deceased and at the night of 10.8.2010 both Sujata @ Babita and Yogesh Murlidhar Gite were in contact on their respective mobile and as a part of conspiracy, Sujata @ Babita kept open the door of kitchen of her house through which Sujata @ Babita and Yogesh Murlidhar Gite entered the house and at the early hours at 4.00 O’clock in the morning and absconding accused Shekhar Gnaneshwar Gadekar inflicted injuries on the right hand side of the deceased with the knife which was brought from Nasik by Yogesh Murlidhar Gite and that Yogesh Murlidhar Gite also strangulate the face of the deceased with pillow which culminated into the death of deceased Suresh Ganpatrao Abhang. Further, Sujata @ Babita and Yogesh Murlidhar Gite washed blood stained clothes and that Sujata @ Babita asked Yogesh Murlidhar Gite to destroy her phone and also paid Rs.5000/- towards contract killing and she also washed her night gown and thus committed offence under sections 302, 120-B, 452, 34, 201 of Indian Penal Code read with section 135 of the Bombay Police Act .

3.2 After completion of investigation, the chargesheet against Yogesh Murlidhar Gite and Sujata @ Babita wife of the deceased Suresh Abhang was filed before the court of learned Additional Chief Judicial Magistrate which came to be registered as Criminal Case No.3514 of 2010 wherein Shekhar Gadekar was shown as absconding. Since the case was exclusively triable by the court of Sessions, the same was committed before the learned Sessions Court and was registered as Sessions Case No.58 of 2011. The charge was framed against the accused vide Exh.14 which came to be read over and on being denied the charges and claimed to be tried.

3.3 In order to bring home the guilt, the prosecution has examined 20 witnesses and also produced 24 documentary evidences as under :

ORAL EVIDENCES :

DOCUMENTARY