[Criminal Appeal No.1203 of 2009]. This appeal challenges the judgment and order dated 26.04.2007 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.403 of 1991 whereby it set aside the acquittal of the present appellants and convicted them under Section 302 read with Section 34 IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs.1,000/-, in default whereof to suffer rigorous imprisonment for six months. PW-1 Sukhdeo and the present appellants are brothers and they were residing separately but in adjacent houses. PW-1 Sukhdeo had sold three lambs. The appellants were demanding their share in the proceeds from PW-1 Sukhdeo and his wife Sushila. Refusal to give them any share led to a quarrel and the appellants who had consumed liquor, allegedly threatened Sushila that she would be set on fire. Sushila had therefore lodged a report (Ext.30) on 16.10.1990 with the Police. On the next day i.e. on 17.10.1990 at about 4.30 pm while PW-1 Sukhdeo had gone to a grocery shop, he heard noise that a lady was burning. When he came rushing, he found Sushila in flames in front of his house. He poured water and doused the fire. Sushila told PW-1 Sukhdeo that appellant no.2 had poured kerosene on her while appellant no.1 was holding her and that she was thus set afire. The Police reached the spot and she was taken to Ural Police Station.
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