- (1.)This appeal is directed against the judgment and order of conviction recorded by the Illrd Ad hoc Additional Sessions Judge, Thane, dated 12th May, 2006, in Sessions Case No. 165 of 2005 by which the learned Judge has convicted both the accused for an offence punishable under Section 302 read with 34 of the Indian Penal Code (hereinafter "IPC") and each of them is sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/ , in default to suffer rigorous imprisonment for three months. Accused Nos. 1 and 2 are also found guilty for an offence punishable under Section 452 read with Section 34 of the IPC and they were sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/ , in default to suffer rigorous imprisonment for two months. The accused are also found guilty for an offence punishable under Section 394 read with 34 of the IPC and each of them sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5,000/ , in default to suffer rigorous imprisonment for two months. The accused are also convicted in connection with an offence punishable under Section 397 of the IPC and awarded rigorous imprisonment for three years. All the sentences are ordered to run concurrently.
(2.)The accused are charged for committing murder of the wife of complainant viz. Krishna Dhananjay Pore on 25th June, 2004 in between 8.35 and 12.30 Hrs. at the complainant's room at Ghodbunder Road, Thane. Both the accused have been charged under Section 302 read with 34 of the IPC. It is the case of the prosecution that both the accused, with a view to commit robbery, entered the house of the complainant and they wrongfully restrained the wife of the complainant to put her in fear or hurt and thereby committed an offence punishable under section 452 read with 34 of the IPC. It is the case of the prosecution that the accused, in furtherance of their common intention, voluntarily caused hurt to the wife of the complainant with the help of leather wire of sewing machine and also by sharp weapon i.e. knife in committing robbery and thereby committed an offence punishable under Section 394 read with Section 34 of the IPC. It is also the case of the prosecution that both the accused committed robbery of ornaments made up of gold and one sewing machine of Sansui Company in all amounting to Rs. 14,000/ and at the time of committing robbery, both the accused used deadly weapon i.e. knife and caused grievous hurt to the complainant's wife and thereby committed an offence of robbery punishable under Section 397 of the IPC.
(3.)The complainant lodged a complaint with the police for an offence punishable under Sections 302, 452, 394 and 397 against the unknown persons. On the basis of the complaint, the Investigating Officer recorded the statement of witnesses and carried out investigation. On 6th November, 2004, appellant No.l came to be arrested and on 7th January, 2005, appellant No.2 came to be arrested. It is the case of the prosecution that the Investigating Officer, at the instance of appellant No.2, seized and recovered gold bangles and one VCD player from the house of the sister of the appellants in the State of U.P. On completion of enquiry, charge sheet was filed. The learned trial Judge, after considering the evidence of the prosecution witnesses, convicted the accused for the alleged offences.