JUDGEMENT: K.J. ROHEE, J.:- The appellants have challenged their conviction for the offences punishable under sections 302. 342 read with 34 of Indian Penal Code and sentence of life imprisonment and fine of Rs.5001- under the former section and R.I. for 3 months and fine of Rs.100/- under latter section, imposed by 2nd Additional Sessions Judge, Chandrapur in Sessions Case No. 106 of 2001 decided on 1712-2002 by preferring these two appeals. Hence they are decided by common judgment. 2. Here is one more instance of unfortunate death as a result of superstitious belief of the community in a progressive State like Maharashtra. The grave aspect of the matter is that the victim as well as his wife All Vidya were serving as teachers in Schools in Chandrapur district. 3. Deceased Vinod Haribhau Dhakate, aged about 35 years, husband of accused No.1 Vidya was serving as a Teacher at Shivaji Vidyalaya, Mohadi, district Chandra pur, All Vidya was also serving as a Teacher at Bharat Vidyalaya, Navargaon, district Chandrapuf. All Vidya was residing at Navargaon whereas deceased Vinod was residing at Mohadi. An Indutai Nandanwar is the sister of deceased Vinod and N8 Prabhakar Nandanwar is her husband. They are residents of Bramhapuri. 4. Deceased Vinod was suffering from mental disorder since 1993. He was being treated by Dr. Bhave, a Psychiatrist of Nagpur. During summer vacation of 2001 Vinod was residing with his wife (All Vidya) and children at Navargaon. Sometimes Vinod used to turn violent. It is said that there was a seat of Lord Dattatraya at the house of N3 Girdhar Meshram and N4 Taibai Meshram. N2 Indirabai advised All Vidya to take Vinod to the house of A/3 Girdhar Meshram and A/4 Taibai Meshram. Accordingly on 6-5-200/ at about 6.30 p.m. All Vidya, A/5 Baburao Nandanwar, N/6 Sukhdeo Headaoo, N7 Indutai Nandanwar and N8 Prabhakar Nandanwar brought Vinod to the house of A/3 Girdhar Meshram and A/4 Taibai Meshram. Vinod was kept at the said place with his hands and legs tied to a pole in scorching summer i.e. from 6th May, 2001. No food and water was provided to him and he was kept in the open courtyard without any shed over his head. During this period Vinod used to shout for food and water. Vinod was kept at the said place with his hands and legs tied to a pole in scorching summer i.e. from 6th May, 2001. No food and water was provided to him and he was kept in the open courtyard without any shed over his head. During this period Vinod used to shout for food and water. However, no food or water was provided to him by the accused persons who used to remain present there for "Aarti". They even took precaution that no food, water or shade should be provided to Vinod. The accused persons were so acting under the belief that Vinod was possessed by an evil spirit or ghost and by denying him food and water, the ghost would leave Vinod. 5. On 11-5-2001 PW-3 Sadashio @ Sadanand Kashinath Ghonmode, the organizer of Mohadi Branch of Andhashraddha Nirmulan Samiti (hereinafter referred to as "ANS" for short) came to Navargaon and saw the plight of Vinod. He tried to help Vinod but did not receive co-operation from anybody. Hence on the same day he lodged written repol1 (Exh.52) at Navargaon Out Post of Sindewahi Police Station. However, no action was taken on the report. On the same day Vinod Dhakate died at about 3 p.m. All Vidya informed about the death of her husband to Navargaon Out Post of Sindewahi Police Station vide Exh.82. On the basis of the said report, entry in the occurrence book was taken at Occurrence No.10l/2001 under section 174 of Criminal Procedure Code. After registration of AD No.12/2001 at P. S. Sindewahi, PW-14 H.C. Shivaji Meshram went to the house of A/3 Girdhar Meshram on the next day morning. H.C. Shivaji Meshram drew spot panchanama (Exh.84). The dead body of Vinod was kept at the house of All Vidya. H. C. Shivaji Meshram drew inquest panchanama (Exh.63) and forwarded the dead body for post-mortem examination. 6. On the same day i.e. on 12-5-2001 PW-l Dr. R.V. Gaikwad, Medical Officer, Rural Hospital, Sindewahi, conducted autopsy and opined that the probable cause of death of Vinod was cardio-respiratory arrest secondary to deprivation of food, water and exposure to high environmental temperature. H. C. Shivaji Meshram drew inquest panchanama (Exh.63) and forwarded the dead body for post-mortem examination. 6. On the same day i.e. on 12-5-2001 PW-l Dr. R.V. Gaikwad, Medical Officer, Rural Hospital, Sindewahi, conducted autopsy and opined that the probable cause of death of Vinod was cardio-respiratory arrest secondary to deprivation of food, water and exposure to high environmental temperature. PW -15 PSI Sopan Kamble recorded the statements of witnesses and submitted his report (Exh.87) on the basis of which Crime No.51/2001 under J sections 302, 342/34 of Indian Penal Code and under sections 4, 5, 7 of the Drugs and Magic Remedies Act, 1954 was registered on 14-52001 against eight persons. During the course of investigation nylon rope and wooden Balli were discovered at the instance of Al3 Girdhar Meshram. After completion of investigation, the charge-sheet was filed against nine persons. 7. All the accused pleaded not guilty to the charge. According to All Vidya her husband Vinod was a lunatic. Vinod used to become violent and used to run after others for beating. He was being treated by doctor at Nagpur and Navargaon. All Vidya used to take her husband Vinod to the temple of Lord Dutta in the morning and evening for Darshan and Pooja only. PW-13 Govardhan Meshram and PW-3 Sadashio Ghonmode demanded money to her and from others and as the demand was not fulfilled, they conspired together and filed false report. According to A/3 Girdhar, PW-13 Sadashio Ghonmode is having a Dutta Deosthan in his house but nobody visits his house for worshi p PW -13 Govardhan Meshram and PW3 Sadashio Ghonmode always opposed A/3 Girdhar and his wife Al4 Taibai. Hence in order to take revenge, they fabricated a false case with the help of Police. 8. The prosecution examined 17 witnesses in support of the allegations. As many as four witnesses turned hostile. However, PW3 Sadashiv Ghonmode, PW-4 Kunda Shende, PW-5 Madhukar Ramanna Tippawar, PW-lO Mahadeo Warjurkar and PW-13 Gowardhan Meshram supported the prosecution. The trial Court found their evidence trustworthy and accordingly acquitted Al5 Baburao Nandanwar and A/6 Sukhdeo Hedaoo and convicted the remaining accused. The State has not challenged the acquittal of Al5 Baburao Nandanwar and Al6 Sukhdeo Hedaoo. All the convicted accused have challenged their conviction as stated earlier. 9. The trial Court found their evidence trustworthy and accordingly acquitted Al5 Baburao Nandanwar and A/6 Sukhdeo Hedaoo and convicted the remaining accused. The State has not challenged the acquittal of Al5 Baburao Nandanwar and Al6 Sukhdeo Hedaoo. All the convicted accused have challenged their conviction as stated earlier. 9. We have heard Shri. C.H. Jaltare, Advocate for All; Shri. A.K. Bhangde, Advocate for A/2; Shri. V. M. Deshpande, Advocate for A/3 and 4; Shri. R. M. Daga, Advocate for An and 8: Shri. A.K. De. Advocate for A/9 for the appellants and Shri. S.S. Doifode, APP for the respondent/State. We have also gone through the record and proceedings of the trial with the assistance of the learned counsel. 10. It was vehemently urged by Shri. C.H. Jaltare, the learned counsel for All that deceased Vinod was suffering from mental disorder since 1993. He was also taking treatment of Psychiatrist at Nagpur. However, mental condition of deceased Vinod deteriorated and he turned violent. Hence he was taken to the house of A/3 and A/4 where there is seat temple of Lord Dattatraya with the hope that Vinod would the cured. All Vidya was acting under bona fide belief that deceased Vinod was possessed by evil spirit and by denying food, water and shed, the spirit would get scared and would leave Vinod. Thus there was no mens rea on the part of All Vidya to kill her husband. In fact the intention was to cure the mental ailment of her husband. Shri. Jaltare further submitted that knowledge that depriving Vinod of food and water for a couple of days would result in his death cannot be attributed to All Vidya. Thus the offence, if any, does not amount to murder. 11. So far as other accused persons are concerned, it was urged by the respective learned counsel that there was no evidence to show any active participation by the accused, persons in killing deceased Vi nod. According to them mere presence of the accused persons on the spot for some days for attending "Aarti" would not suggest their involvement in the alleged crime. They, therefore, submitted that the prosecution has failed to bring home the guilt to the accused persons. The trial Court was wrong in convicting the accused persons and that the conviction needs to be set aside. 12. They, therefore, submitted that the prosecution has failed to bring home the guilt to the accused persons. The trial Court was wrong in convicting the accused persons and that the conviction needs to be set aside. 12. The learned APP on the other hand justified the conviction of the accused persons. He submitted that though some of the witnesses turned hostile to the prosecution, there is ample evidence on record to show the involvement of the accused persons in the homicidal death of Vinod. He submitted that it cannot be said that there was absence of mens rea as the intention was to cure Vinod of his mental disorder. He submitted that any prudent man is expected to know that depriving a person of food, water and shed during scorching summer heat may result in his death and as such the accused persons cannot plead that they had no knowledge that depriving Vinod of food, water and shade would have resulted in his death. The learned APP, therefore, submitted that conviction of the appellants needs to be confirmed. 13. We have carefully considered the rival contentions. The Police came to know about the death of Vinod from the report (Exh.82) lodged by All Vidya on 11-5-2001. The report shows that the health of Vinod deteriorated as he did not take medicine since 2-3 days. While performing Pooja Vinod felt giddy, he fell on the ground and died at about 3 p.m. Perhaps All Vidya wanted to convey to the Police that Vinod met with natural death. The trial Court has not formulated a point as to whether Vinod met with homicidal death. However, the trial Court has discussed this aspect in para Nos. 10 and 11 of the judgment. The trial Court has dealt with the evidence of PW -1 Dr. Gaikwad who conducted autopsy on the dead body of Vinod on the very next day of Vinod's death. The P. M. Report (Exh.47) shows that the skin was dry, rough, wrinkled and in-elastic. It further shows that except abrasion over left leg of 5 x 4 c.m., there was no other injury on the body of deceased Vinod. The tongue was dry, the stomach and intestine were empty. The heart was empty, the liver and gall bladder. spleen and kidneys were pale. It further shows that except abrasion over left leg of 5 x 4 c.m., there was no other injury on the body of deceased Vinod. The tongue was dry, the stomach and intestine were empty. The heart was empty, the liver and gall bladder. spleen and kidneys were pale. The Doctor opined that the probable cause of death was cardio-respiratory arrest secondary to deprivation of food, water and exposure to high environmental temperature. During cross-examination Dr. Gaikwad went to the extent of stating that from the findings in P. M. Report he is not in a position to opine as to whether the death of Vinod was accidental, homicidal or suicidal. He even admitted that Vinod's death might have occurred due to natural reasons. These admissions, however, would not dispel what was stated by Dr. Gaikwad in the examination-in-chiefto the effect that small size of organs was due to deprivation of food and water to the deceased. Dr. Gaikwad further stated in examination-in-chief that if a person is exposed to high environmental temperature without food and water, the skin of such person becomes dry, rough, wrinkled and inelastic. If the evidence of Dr. Gaikwad is read along with other evidence showing the treatment given to Vinod from 6-5-2001 onwards, it would be clear that the death of Vinod could not be natural or accidental and it was nothing but homicidal. Hence we conclude that the Prosecution has succeeded in proving that Vinod met with homicidal death. 14. The testimon y of PW -10 Mahadeo Warjurkar shows that he is a teacher in Nutan Shivaji Vidyalaya at Mohadi. Deceased Vinod was also serving as a Teacher in the said School and was residing as a tenant in the house of PW Mahadeo. Deceased Vinod was residing alone as his wife All Vidya was serving as a Teacher at Nawargaon. In January, 2001 Vinod suffered from some mental illness. The fatherin-law and brother-in-law of Vinod came and took him to Nagpur for treatment. Vi nod returned after taking treatment at Nagpur. Thereafter he evaluated the papers of the Board Examination held in March. 2001. After examination was over, Vi nod started commuting to Mohadi from Nawargaon. On 4-5-2001 Vinod came to Nawargaon and started bowing before the Head Master and other teachers and was crying loudly. The peon of the school tried to control him but it was found very difficult. Thereafter he evaluated the papers of the Board Examination held in March. 2001. After examination was over, Vi nod started commuting to Mohadi from Nawargaon. On 4-5-2001 Vinod came to Nawargaon and started bowing before the Head Master and other teachers and was crying loudly. The peon of the school tried to control him but it was found very difficult. A teacher made phone call to the father-in-law of Vi nod and informed him about the said incident. On the same day the fatherin-law of Vinod came to Mohadi by Jeep and took away Vinod by jeep. 5-5-2001 was the last day of session or the school. The fatherin-law of Vi nod brought Vinod to the school for signing the muster roll. However, the health of Vinod was worse and he could not sign the muster roll. Thereafter he was again taken back by his father-in-law. The evidence of PW Mahadeo was not seriously challenged on behalf of the appellants. 15. The testimony of PW-4 Kunda Shende shows that she is serving as a teacher in Bharat Vidyalaya, Navargaon where All Vidya was also serving. She resides at Navargaon and knows all the accused persons. It further shows that she resides near the house of A/3 Girdhar Meshram; that in front of the house of A/3 Girdhar Meshram there is a courtyard in which there is one aT A (Platform). During cross-examination by APP, she admitted that Al3 Girdhar used to treat cases of possession by ghosts or haunting by ghosts by performing Pooja, Aarti, Magic etc. A/3 Girdhar and his wife Al4 Taibai had started performing such rituals since about a month before the incident. On 6-5-2001 at bout 7.30 p.m. PW Kunda saw that All Vidya brought Vinod by Commander Jeep. At that time the hands and legs of Vinod were tied. Vinod was kept in such a condition in the courtyard of AI 3 Girdhar. A day prior to the death of Vinod PW Kunda had heard utterances as "Water, Water" but nobody gave him water. PW Kunda had seen Vinod with his hands and legs tied having been kept in the courtyard under the heat of sun. She heard utterances to the effect that Vinod should not be given water till the ghost leaves him. 16. PW Kunda had seen Vinod with his hands and legs tied having been kept in the courtyard under the heat of sun. She heard utterances to the effect that Vinod should not be given water till the ghost leaves him. 16. The testimony of PW-5 Madhukar Ramanna Tippawar shows that he has Hair Cutting Saloon on the land purchased from Al3 Girdhar. There is a platform in front of the house of A/3 Girdhar. On 6-5-2001 7.30 or 8 p.m. one person was brought by a Jeep. He was removed from the Jeep and was taken to the said platform. At that time PW Madhukar was >usy in his occupation and he saw it from his hop. He, however, could not state the name of persons who brought the man by Jeep, hereafter all those persons stm1ed residing near he house of A/3 Girdhar. The person who was thought by jeep was kept there with his hands md legs tied for about 2-4 days after he was thought there. 'Aarti' used to be performed by A/3 Girdhar, his wife and other persons. On lith in the noon the said person became unconscious and subsequently died. Thus the testimony or PW-4 Kunda and PW-5 Madhukar corroborates each other. 17. PW-13 Govardhan Meshram deposed that he resides at Gadchiroli, he is a Social Worker and he runs a centre for counseling for de-addiction of drugs. He hails from Navargaon where the appellants reside. On 10-5-2001 he had gone to Navargaon. The house of A/3 Girdhar and A/4 Taibai is behind his house. When PW Govardhan reached at his house, he heard voices from the direction of the house of A/3 Girdhar to the effect "Give Water, Give Water". When PW Govardhan glanced at the house of Al3 Girdhar, he saw that in front of the house of A/3 Girdhar, Vinod was kept in the sunlight with his hands and legs tied and Vinod was shouting for water. However, nobody offered him water. At about 3 p.m. All Vidya went towards Vinod with a glass of water. However, she was prevented from giving water to Vi nod. On the same day in the night also PW Govardhan he: heard Vinod on asking for water. On the next day morning PW Govardhan informed Sadanand Ghonmode (PW-3) about the said incident and left the village. 18. However, she was prevented from giving water to Vi nod. On the same day in the night also PW Govardhan he: heard Vinod on asking for water. On the next day morning PW Govardhan informed Sadanand Ghonmode (PW-3) about the said incident and left the village. 18. During cross-examination PW Govardhan admitted that there is a Datta Temple in his house where Lord Datta is worshipped. He denied that outsiders visit his house for worship. He emphatically denied that he felt annoyed by the fact that outsiders visit the house of A/3 Girdhar for worship of Lord Datta and not the house of PW Govardhan. There is nothing in his evidence to disbelieve him. 19. PW -3 Sadashio Ghonmode resident of Mohadi deposed that he is a Veterinary Doctor having B. V .Sc qualification. He is a social worker and works for removing superstitious belief in the society. He is a member of Andhashraddha Nirmulan Samiti and an organizer of Mohadi Branch thereof. On 105-2001 he had been to Navargaon in connection with the marriage in the family of his sister. While at Navargaon on 11-5-2001, he learnt from Govardhan Meshram (PW-13) that Vinod Dhakate had been tied to a pole in front of Dargah of one Meshram lady for the last 4-5 days. The hands and legs of the said person were tied to a pole and he was kept in such a condition without food and water and under the heat of sun. The reason for putting the said person in such manner was removal of an evil spirit by which the said person was said to be possessed. On learning about this, PW-3 Sadashio went to the spot at about 10 to 10.30 a.m. He found that Vinod was tied to'a pole with his hands and legs tied under the heat of sun on the ground. In a very weak voice the said person was uttering the words "Water, Water" PW Sadashio tried to give him water but was prevented by doing so by the persons present there. They stated that if water is gi ven, the ghost residing in the body of that person would not leave his body. They tojd him that the ghost would leave the body by 12 in the noon. They stated that if water is gi ven, the ghost residing in the body of that person would not leave his body. They tojd him that the ghost would leave the body by 12 in the noon. Thereupon PW Sadashio said that if the said person was kept in the same manner, he may breathe his last by 2 or 3 p.m. Thereafter PW-3 Sadashio left the place. He met the Sarpanch. the President of Mahanubhav sect and informed them about the incident. However, none of them gave any heed to his request. Thereafter he went to Police Chowki where nobody was present. Hence he went to the residence of Police Officer who was incharge of the Police Chowki and came with him to the Chowki. Thereafter PW Sadashiv written report (Exh-52) requesting the Police Officer to take immediate steps for rescuing the said person. However, the said Police Officer simply assured that they would do what they think necessary to do. Thereafter PW Sadashi returned to Mohadi. On the same day PW-13 Govardhan Meshram informed him on phone that the said person died at about 3/3.30 p.m. PW Sadashio conveyed the information about the said incident by fax to Daily Lokmant, Nagpur. During cross-examination PW Sadashio emphatically denied the suggestions that in the name of removal of superstitious belief, they cheated people and recovered money from people. He denied that he lodged report (Exh.52) on the say of PW -13 Govardhan Meshram. 20. Thus from the evidence discussed above, it is established beyond doubt that Vinod was suffering from some mental disorder; that his mental condition deteriorated in May, 2001; that he was brought to the house A/3 Girdhar and A/4 Taibai under a belief that Vinod was haunted with evil spirit and Al3 Girdhar and AI 4 Taibai would compel the evil spirit to leave the body of Vinod. The hands and legs of Vi nod were tied with a nylon rope and he was tied with a pole in the courtyard of the house of AI 3 Girdhar and Al4 Taibai. He was kept there in the same condition without shade. No food or water was provided to him. Judicial cognizance can be taken of the fact that during summer the temperature in Chandrapur district rises above 40 degree ce1cius. He was kept there in the same condition without shade. No food or water was provided to him. Judicial cognizance can be taken of the fact that during summer the temperature in Chandrapur district rises above 40 degree ce1cius. If a person is kept under scorching heat of sun for a couple of days and that too without providing him food or water, he is bound to die and that is what happened to Vinod. It is true that relatives of deceased Vinod including All Vidya might not have any intention that he should die but they certainly must have knowledge that if he was kept in such condition, he was likely to die. Thus it has been established beyond doubt that Vinod met with homicidal death. 21. Now the question is who are responsible for causing homicidal death of Vi nod Dhakate. PW-4 Kunda Shende stated that she joes not know as to who brought Vinod on the spot of incident. She added that one day prior t to the death of Vinod, Al 1 Vidya, Al2lndirabai, (A/3 Girdhar, Al4 Taibai and A/9 Hemchand were present at the spot. During crossexamination she admitted that the fact that she saw A/9 Hemchand on the spot of incident a day prior to the death of Vinod has been stated by her for the first time. Now it seems that Al 2 Indirabai and Al9 Hemchand are not related to deceased Vinod and they had no reason to deprive him of food, water and shelter for curing of the evil. 22. PW-5 Madhukar Tippawar deposed that he cannot state who were the persons accompanying the person (Vinod) brought by Jeep. During cross-examination he clearly admitted that accused No.9 Hemchand was not present when the said person was brought at the place of incident. In fact PW-5 Madhukar did not refer to the name of any of the appellants. 23. PW-13 Govardhan Meshram deposed that on 10-5-2001 when he saw that Vinod was kept in the sunlight with his hands and legs tied in front of the house of Al3 Girdhar Meshram, All Vidya, Al2 Indirabai, Al3 Girdhar, A/4 Taibai, A/9 Hemchand Ramteke (Post Master) and some other persons were present and that Vinod was crying for water. No one from those persons who were present there offered him water. No one from those persons who were present there offered him water. At about 4 p.m. when All Vidya went to Vinod with a glass of water, A/2 Indirabai asked her not to give him water because half of the evil spirit in his body has already left and only half of the same had remained. It is thus apparent that PW-13 Govardhan Meshram did not refer to the names of A/7 Indutai and Al8 Prabhakar. 24. PW-3 Sadashio Ghonmode stated that when he went to the spot on 11-5-2001 at about 10/10.30 a.m., All Vidya, A/3 Girdhar, Al4 Taibai, Al7 Indutai and Al8 Prabhakar were present there. During cross-examination he admitted that before lodging report (Exh.52) with the Police, he had come to know the names of the persons who were at the spot. However, the report (Exh.52) lodged by PW-3 Sadashio Ghonmode does not mention the name of any of the appellants though according to PW-3 Sadashio he had come to know the names of the persons present. 25. Thus a reasonable doubt is created about the presence and involvement of A/2 Indirabai, A/7 Indutai, Al8 Praghakar and AI9 Hemchand in bringing Vinod Dhakate to the house of Al3 Girdhar and A/4 Taibai, tying him there in scorching sunlight and in not providing him water and food. This aspect has not been properly considered by the trial Court. Benefit of doubt, therefore, has to be given to those appellants. 26. As regards the role of All Vidya, Al3 Girdhar, Al4 Taibai there is ample evidence showing that they kept Vinod in the open courtyard under scorching sunlight, did not provide water and food to Vinod. They are expected to have knowledge that they were likely by such omission to cause the death of Vinod. 27. The next question that falls for consideration is whether the culpable homicide of Vinod amounts to murder. As observed earlier there was no intention on the part of the appellants to cause death of Vi nod though there was knowledge that it was likely to cause his death. The question is whether All Vidya, A/3 Girdhar and A/4 Taibai knew that depriving Vinod food, water and shelter was so imminently dangerous that it must in all probability cause dealt. The question is whether All Vidya, A/3 Girdhar and A/4 Taibai knew that depriving Vinod food, water and shelter was so imminently dangerous that it must in all probability cause dealt. The fact that Vinod was alive for more than five days from the date when he was brought there shows that knowledge on the part of All Vidya, A/3 Girdhar and A/4 Taibai that it was so imminently dangerous that it must in all probability cause death cannot be inferred. In this view of the matter the culpable homicide of Vinod Dhakate does not amount to murder. The trial Court has not paid attention to this aspect of the case and arrived at a wrong conclusion. In our view All Vidya, Al3 Girdhar and Al4 Taibai are liable to be convicted for the offence punishable under section 304-11 of Indian Penal Code in addition to section 342 of Indian Penal Code. 28. Before concluding we must express that there are alarming number of incidences of causing mental, physical and financial harm to, and exploitation of common people in the society because of evil and aghori practices, practice of block magic and evil spirits, at the hands of quacks and conmen. It has thus become absolutely necessary for the Government to take appropriate and stringent. social and legal measures to effectively eradicate the evil effects and spread of these harmful practices by framing suitable legislation and we have come to know that the State of Maharashtra has prepared a Bill to that effect in December, 2005 but the same has not yet materialized. It is now for the Legisature to consider passing of law. 29. It has been brought to our notice that All Vidya has got minor children. She lost her husband and now she has to look after her children. In view of these circumstances taking lenient view while imposing punishment on Al 1 Vidya would meet the ends of justice. 30. As regards A/3 Girdhar and A/4 Taibai, it seems that they are in custody since the date of their arrest in 2001. Hence as regards them also taking of lenient view while awarding punishment would meet the ends of justice. We, therefore, pass the following order: a) Criminal Appeal No.723/2002 is partly allowed. 30. As regards A/3 Girdhar and A/4 Taibai, it seems that they are in custody since the date of their arrest in 2001. Hence as regards them also taking of lenient view while awarding punishment would meet the ends of justice. We, therefore, pass the following order: a) Criminal Appeal No.723/2002 is partly allowed. The impugned judgment convicting Al2 Indirabai Ramchandra Ghugguskar, An Indutai Prabhakar Nandanwar and A/8 Prabhakar Narayan Nandanwar is set aside and they are acquitted of the offences punishable under sections 302, 342 read with 34 of Indian Penal Code. Their bail bonds stand cancelled. (b) The impugned judgment convicting All Vidya Vinod Dhakate, A/3 Girdhar Tulshiram Meshram and A/4 Taibai Girdhar Meshram for the offence Punishable under section 302 of Indian Penal Code is set aside and instead they are convicted for the offence punishable under section 304, Part-II read with 34 of Indian Penal Code and are sentenced to suffer R.l. for three years. Their conviction and sentence under section 342 of Indian Penal Code is confirmed. (c) Bail bond of All Vidya is cancelled. She is directed to surrender within four weeks for serving out the sentence. (d) A/3 Girdhar and A/4 Taibai be released' forthwith if not required in any other matter. e) Criminal Appeal No.lS/2003 is allowed, A/9 Hemchand Lahnuji Ramteke is acquitted of the offence punishable under sections 302, 342 read with 34 of Indian Penal Code. His bail bonds stand cancelled. Ordered accordingly.