SHRIMANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the convicts viz. accused No.1 Shrimant and accused No.2 Dashrath son of Shrimant, have been held guilty of committing an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred as "IPC") and have been handed down a sentence of suffering rigorous imprisonment for life. Since both had been arrested on 26-07-2012, which is after the offence committed at about 09.00 p.m. on 25-07-2012, they were entitled for set off for the period of detention in prison under Section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred as "Cr.P.C.").

(2.) We have considered the strenuous submissions of the learned advocate for the appellants and the learned prosecutor on behalf of the State. With their assistance, we have gone through the appeal paper book and the record and proceedings, threadbare. In order to avoid repetition of their submissions, we would be referring to their submissions while drawing our conclusions based on the oral and documentary evidence.

(3.) The prosecution had proved its case against these two appellants as follows :-