STATE OF MAHARASHTRA Vs. RAGHUNATH GANPAT DHAIGUDE

JUDGEMENT

(1.) Both the above mentioned Confirmation Case and Appeal arise out of the judgment and order dated 29th November, 2006 in Sessions Case No.1 of 2002 passed by the learned Additional Sessions Judge at Satara. This is a case of double murder. By the said judgment and order, the learned Sessions Judge convicted both the accused for the offence under Section 302 read with Section 34 of IPC for murder of Dada Raghunath Dhaigude and sentenced them to death. So also, both the accused are convicted for the offence punishable under Section 302 read with Section 34 of IPC for committing murder of Kamalabai Raghunath Dhaigude and sentenced to death.

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

(3.) Charge came to be framed against the appellants-accused for the offence under Section 302 read with Section 34 of IPC for committing murder of Dada and again under Section 302 read with Section 34 of IPC for committing murder of Kamalabai. Both the accused pleaded not guilty and claimed to be tried. Their defence is of total denial and false implication. On going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellant as stated above. The learned Sessions Judge referred the said matter for confirmation to the High Court. Being aggrieved by the conviction and sentence, the appellant preferred above mentioned appeal.