BABU KUNCHANKUCH VAGALIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments at length on earlier dates. Perused the record and proceedings. Also gone through the detailed evidence of prosecution witnesses recorded during the trial. Present appeal is preferred by the appellant/sole accused challenging the judgment and order of conviction dated 13.10.2006 passed by the 11th Adhoc Additional Sessions Judge for Greater Mumbai at Sewree in Sessions Case No.1093/1996. By the impugned judgment and order, the present appellant/accused was convicted for the offence punishable under Sections 302 and 326 of Indian Penal Code.

(2.) The case of the prosecution in nutshell is as under :

(3.) In the meantime, one PSI Pradip More (PW11) from MIDC police station received message from the control room and as such he rushed to the Sunview Cooperative Housing Society along with PI Dhage (PW12), Senior PI Gaikwad and PI Avate and other police staff. These police officers met PSI Mahesh Desai in the flat and ascertained the situation as to lying of two dead bodies of elderly couple in flat No.102.