MUKESH MAHADEV MUSAHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are two Appeals challenging the judgment and order of conviction recorded by the Learned Sessions Judge for Greater Bombay, at Bombay on 12/01/2018 in a Sessions Case No. 459 of 2016, holding the Appellants guilty under Sec. 235 (2) of Criminal Procedure Code for offences punishable under Ss. 302, 201 r/w 34 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs.2,000.00 each, in default to suffer rigorous imprisonment for one month.

(2.) Although the Appellants have preferred two separate appeals, both the Appeals are being disposed of by a common order since the Appellants are convicted vide common judgment and order dtd. 12/01/2018. For the sake of brevity and contextual convenience, the Appellants are referred herein as to Appellant No 1 who is Accused No 1-Avinash Bhushan Pimpalkar @ Raju and Appellant No 2 who is Accused No 2-Mukesh Mahadev Musahar.

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