Judgment

P. Venkatarama Reddi, J.—The three appellants herein faced trial in the Court of Sessions Judge, Osmanabad, for the offences punishable under Section 302 read with Section 34 and Section 392 read with Section 34 IPC. They were charged of committing murder of one Baburao Nana Lagdive (hereinafter referred to as ‘Baburao’) at his field and robbing him of golden ear rings and silver ‘lingakar’ worn by him in the early hours of 30th May, 1984. Both the accused and the deceased were the residents of village Shekapur.

The learned Sessions Judge acquitted the accused of the charges under Sections 302 and 392 but found them guilty under Section 411 IPC and sentenced each of them to rigorous imprisonment for two years. On appeal by the State as well as by the accused, the High Court of Bombay (Aurangabad Bench) having found the accused guilty of offences punishable under Section 302 read with Section 34 and Section 392 read with Section 34, set aside the judgment of the Sessions Judge. The High Court sentenced them to life imprisonment for the offence of murder and five years rigorous imprisonment for the offence of robbery with the direction that both the sentences should run