- (1.)These appeals are directed against the conviction of the appellants for the offences punishable under Sections 120 B, 302/34 and 201/34 of IPC and sentence of imprisonment for life and fine of Rs. 5000.00 in default to imprisonment for 2 months each imposed by the Additional Sessions Judge, Wardha in Sessions Trial No. 111/98 decided on 18.1.2000.
(2.)The case of the prosecution in brief is that PW1 Prabhakar Keshaorao Kadam, aged about 65 years, is a cultivator and resides at village Vijaygopal, P.S. Pulgaon. He had three sons namely Shyam, Shrikant (PW2) and Shashikant ( the deceased). Shyam is serving at Chandrapur, Shrikant is a cultivator residing at Wardha and Shashikant was serving as Leprosy Technician at Primary Health Centre, Kharangana (Gode). Shashikant was residing in House No. MIG 80/11 at Wardha with his wife Sandhya (accused No. 1), daughter PW6 Samruddhi, aged about 7 years, and son Shubham, aged about 4 years.
(3.)Shashikant used to go to Kharangana (Gode) daily. Shashikant became acquainted with Vilas Nagpure (accused No. 2) who is resident of Sawali Sastabad. Accused No. 2 Vilas became the family friend of Shashikant. About six months before the incident, accused No. 2 Vilas resided at the house of Shashikant for about 8 months. During the stay of accused No. 2 Vilas at the house of Shashikant, intimacy developed between accused No. 2 Vilas and accused No. 1 Sandhya. Accused No. 1 Sandhya and accused No. 2 Vilas took disadvantage of the absence of Shashikant from the house. Accused No. 1 Sandhya started avoiding to go to her matrimonial house at village Vijaygopal and kept little contact with her in-laws.