A.B. Chaudhari, J.

1. This is a Criminal Reference Registration No.1/2013 for confirmation of death sentence against accused no.1-Ajay Dayaram Gopnarayan.

2. Both the accused persons Ajay Dayaram Gopnarayan and Nitin Nandkishor Gudadhe have also preferred Criminal Appeal No.225/2013 praying for acquittal against judgment of conviction for offences punishable under section 302 and 392 of I.P.C. and accused no. 1-Ajay is sentenced to death while accused no.2-Nitin Gudadhe is sentenced to life imprisonment and to pay a fine of Rs.1000/- in default to suffer rigorous imprisonment for six months.

Both the matters are taken up together for hearing and disposal. Hence, this common judgment.

FACTS:

3. The prosecution case is that the deceased Vijayatai Vitthalrao Pund aged about 75 years, who was mother of PW1-Sunil Vitthalrao Pund, a practicing lawyer by profession at Amravati was residing in Venus Park area of Kanta Nagar, Amravati. The house was constructed by PW1-Sunil about 67 years before the date of incident by engaging a building contractor PW2-Dilip Lade and during the construction activity, accused no.1-Ajay and accused no.2 Nitin in turn were engaged by Dilip as Labourer