SURYA KANT, J. - (1.)The Sessions Judge, Nagpur vide judgment and order dated 26 th February, 2003 convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code (for brevity, "the I.P.C. ") and sentenced to undergo life imprisonment besides a fine of Rs.1,500/- each and in default thereof they were directed to undergo Rigorous Imprisonment for six months. They were further convicted under Section 392 read with Section 34, I.P.C. and sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.1,000/- Signature Not Verified each and in default thereof they were directed to undergo Rigorous Digitally signed by R NATARAJAN Date: 2019.07.04 16:24:44 IST Reason: Imprisonment for three months.
(2.)The appellants ' conviction and sentence was upheld by a Division Bench of the High Court of Judicature at Bombay, Nagpur Bench in Criminal Appeal No. 272/2003, decided on 11.04.2008. Both these judgments are under challenge in this 2nd Appeal. BRIEF FACTS:
(3.)Deceased Kamlesh Kumari Trivedi, aged about 79 years used to reside along with her daughter Rani Trivedi and grand daughter Purnima Trivedi in Rajnigandha Apartments, Ambazari, Nagpur. Rani Trivedi was a school teacher and used to leave home for her work around 7.20 a.m. and return back in the evening. Purnima Trivedi was studying in M.A. in a college and she too used to leave for her classes at about 10.00 a.m. and return by afternoon. Deceased Kamlesh Kumari Trivedi, thus, would remain alone in the house during the afore stated period.