HARIOM VIJAY PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 296 of 2011 has been preferred by original accused No. 2 Hariom Vijay Pande @ Pandit. Criminal Appeal No. 270 of 2013 is preferred by original accused No. 1 Rajesh Shyamnarayan Mishra. In both the Appeals, appellants have challenged the Judgment and Order of conviction and sentence passed by the learned Additional Sessions Judge (Borivali Division), Dindoshi, Goregaon, Mumbai on 16.12.2010 in Sessions Case No. 72 of 2009. By the said Judgment and Order, the learned Additional Sessions Judge convicted the appellants under Sections 302 read with 34 of the Indian Penal Code and sentenced them to suffer life imprisonment with fine of Rs. 2,000/- each, in default rigorous imprisonment for one month each.

(2.) For the sake of convenience, we shall refer to the appellants as they were referred before the trial Court i.e. Hariom Vijay Pande @ Pandit as accused No. 2 and Rajesh Shyamnarayan Mishra as accused No. 1.

(3.) The prosecution case briefly stated is as under:--