BABASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants from these two appeals challenge the order of conviction and sentence passed by the learned Sessions Judge, Beed in Sessions Case No. 11 of 2005 decided on 29.12.2005, whereby the appellants are convicted of offence punishable under Sec. 302 of the Indian Penal Code and each of them is sentenced to undergo imprisonment for life.

(2.) The appellants are charged of committing murder on 20.8.2004 of one Pandit Bhanudas Belge at village Rajpimpri (More Vasti) on way to Khopti village, Taluka Georai, District Beed by intentionally and knowingly causing death of said Pandit Belge by using weapons like axe, sticks and iron bar. The charge framed against accused/appellants is under Sec. 302 r/w Sec. 34 of the Indian Penal Code. The learned Sessions Judge has come to a conclusion in the final paragraph of the judgment that accused deserve to be convicted of offence punishable under Sec. 302 r/w Sec. 34 of the Indian Penal Code, but the order relates to only conviction under Sec. 302 of the Indian Penal Code.

(3.) The prosecution case, relevant for disposal of these appeals, may be stated as follows.