JUDGMENT

P. Sathasivam, J.

1) This appeal is directed against the common final judgment and order dated 03.05.2006 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Criminal Appeal Nos. 183 of 2004 and 391 of 2003 whereby the High Court dismissed the appeal preferred by the appellant-accused and allowed the appeal preferred by the State of Maharashtra, respondent herein and enhanced the sentence of life imprisonment to death which was imposed by the First Ad-hoc Additional Sessions Judge, Jalgaon in Sessions Case No. 160 of 2001.

Brief facts:

2. Sham @ Kishor Bhaskarrao Matkari, the appellant- accused was residing with his brother Manohar Matkari (since deceased) and his family consisting of his wife, Meena (since deceased) and three children, namely, Akhilesh (since deceased), Monika (PW-7) and Vishwesh in a rented premises owned by one Pandurang Patil (PW-3). Manohar, the deceased was serving in the Railway Mail Service, Bhusawal. Dipak Narayan Thakur (the Complainant) was their neighbour.

3. On 28.06.2001, at about 9.00 to 9.15 p.m., when the Complainant came out of his house for collecting the clothes which were kept for drying, he noticed that some quarre