BOMBAY HIGH COURT
VINAY JOSHI, ABHAY J. MANTRI, JJ
JAYANAND S/O ARJUN DHABALE AND 3 OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA THR. PSO PS POFALI TQ. UMARKHED DIST. YAVATMAL – Respondent
JUDGMENT
: (Per : ABHAY J. MANTRI, J.)
This appeal is directed against the judgment and order dated 02-02-2021 passed by the learned Additional Sessions Judge, Pusad (for short- ‘the learned Judge’) in Sessions Trial Case No. 51/2015, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, “ IPC ”) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- each, in default to suffer rigorous imprisonment for one month each. They are also convicted for an offence punishable under Section 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- each, in default to suffer further rigorous imprisonment for one month each.
2. FACTUAL MATRIX :
(i) Informant Kishor (PW1) and accused No.1-Jayanand are brothers, and the deceased Sunanda was the widow of their late brother Vijay. Kishor and Sunanda reside adjacent. Accused No.1-Jayanand resides in front of them.
(ii) The incident occurred on 01-05-2015 at about 9-00 a.m. On that day, Kishor and his wife heard Sunanda’s hue and cry for help from her house. So, Kishor ran there and saw

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