AASKUMAR SRISHANKAR GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard respective learned advocates for the appellants and also heard learned A.P.P. for the State in both the appeals which are being disposed of by this common judgment and order as both the appeals are arising out of the same judgment and order passed in Sessions Case No. 74 of 2004.

(2.) Sessions Case No. 74 of 2004 was decided by judgment and order dated 30 th November, 2004 by learned Additional Sessions Judge, Pune. Both the appellants were convicted for the offence punishable under Section 364A read with Section 34 of IPC and were sentenced to suffer imprisonment for life and to pay fine of Rs.2,000/each, in default to suffer RI for two months each. Being aggrieved by the impugned judgment and order present separate appeals were preferred by respective original accused Nos. 1 and 2.

(3.) The case of the prosecution, in nut shell, is as under : One Shantaram Kumbhar (PW No.1) was residing at Katraj Pune along with his wife Sneha (PW No.4), his minor son Sumit (PW No.5), one daughter and motherinlaw. During Diwali festival of the year 2002 there was some flooring work started at the house of the complainant. The work contract was given to one Prakash Jogdand (PW No.2) who was well known to the complainant. Said Jogdand had engaged present appellant accused No.1 to do the said work of flooring. Appellantaccused No.1 was doing the said work and also engaged appellant accused No.2, his acquaintance and both were doing the work of flooring at the house of complainant Shantaram Kumbhar for about a week prior to the actual day of the incident. Due to this work both the appellants accused were known to the complainant and his family members including minor boy Sumit (PW No.5) whose age was four years at that time.