MANGESH SADANAND MASANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal questions the legality of the Judgment and Order dtd. 27/4/2015, passed by the learned Additional Sessions Judge, Raigad at Alibag in Sessions Case No.97 of 2011, convicting Appellants (Original Accused Nos.1 and 2) under Sec. 235(2) of the Code of Criminal Procedure (for short "Cr.P.C.") for offence punishable under Sec. 302 of Indian Penal Code (for short "IPC") and sentencing them each to suffer rigorous imprisonment for life and pay fine of Rs.5,000.00 each and in default thereof suffer further rigorous imprisonment for one year. Both Appellants have also been convicted for offences punishable under Ss. 326 read with 34 IPC and sentenced to suffer rigorous imprisonment for 5 years and pay fine of Rs.1,000.00 each and in default thereof to suffer rigorous imprisonment for two months; both sentences to run concurrently.

(2.) Appellant No.1 is the son of Appellant No.2. They shall be referred to as accused No. 1 and accused No. 2.

(3.) Prosecution's case is based on ocular evidence to the incident. The gist of facts necessary for determination of the present Appeal are as under: