RAJENDRA EKNATH APUGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3rd February 1996 passed by the learned Additional Sessions Judge, Sangli in Sessions Case No.61 of 1995, whereby and whereunder the appellants Rajendra and Arjun (original accused Nos.1 and 2) came to be convicted for the offences punishable under sections 302 and 201 read with 34 of the Indian Penal Code, 1860 ('the Penal Code') and sentenced to suffer imprisonment for life and pay fine of Rs.10,000/- each, on the first count, and rigorous imprisonment for five years and fine of Rs.2,000/- each, on the second count, with default stipulation for having committed murder of Shankar Govind Katkar ('the deceased') and caused disappearance of evidence of the offence with intention to screen themselves from legal punishment.

(2.) The background facts leading to this appeal can be stated in brief as under :-

(3.) We have heard Mr.Prosper D'souza, the learned counsel for the appellants and Mrs.M.H. Mhatre, the learned Additional Public Prosecutor at length. With the assistance of the learned counsels, we have carefully perused the evidence and material on record.