ASHWINI GANESH SAKPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the criminal appeals are heard together and are being disposed of by this common judgment and order as they challenge same judgment and order of conviction passed in Sessions Case No. 710 of 2006 by which respective appellant accused were convicted for the offence punishable under section 302 read with section 34 of IPC vide order dated 16th April, 2008 passed by the 10th Ad hoc Additional Sessions judge, Mumbai.

(2.) Both the appellants are original accused Nos. 1 and 2 and they were tried and convicted for offence punishable under Section 302 read with section 34 of IPC and were sentenced to suffer life imprisonment and to pay a fine of Rs.500/- each, in default to suffer RI for one month each. Admittedly, from the date of their arrest i.e. 8th May, 2006 both the appellants-accused are in custody till date. The appellant in Appeal No. 979 of 2010 is original accused No.1 and is represented by learned Advocate Ms Rebeca Gonsalvez. Appellant in Criminal Appeal No. 362 of 2008, original accused No.2 is represented by learned Advocate Mr Makasare.

(3.) The case of the prosecution is as under :