ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE A.L.DAVE)

The appellants are convicted for the offence of murder of one Mohmmed Salim, allegedly committed by them at about 23:45 hours on 10th June, 1997, in the house of the deceased located in Madinanagar, near Gauri Cinema in Bapunagar area of Ahmedabad City, after trespassing into the house. They are sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- each and in default to undergo rigorous imprisonment for six months for the offence of murder. Whereas, for the offence of trespass, they are sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.200/-, in default to undergo rigorous imprisonment for three months.

1.1 As per the prosecution case, appellant No.1, maintained illicit relation with Salmabibi, wife of deceased-Mohmmed Salim. This had resulted into the disputes between the deceased and his wife. On the day of incident also, there had been some dispute in this regard between the two. It is the case of the prosecution that at about 23:45 hours when the deceased was in his house, the appellants entered into the house, poured kerosene on him from a tin and set him to fire and thereafter