I.K. Jain, J.

1. Criminal Appeal 530 of 2012 has been preferred by the original accused No. 1 Anita alias Meena Rajendra Khandabale. The original accused No. 2 Ajay Anant Ghag has preferred Criminal Appeal No. 510 of 2014. In both the appeals, Appellants have challenged their conviction and sentence passed by the learned 8th Additional Sessions Judge, Pune in Sessions Case No. 418 of 2008 vide Judgment and Order dated 20.01.2012. By the said Judgment and Order, the learned Additional Sessions Judge convicted and sentenced the Appellants as under:-

Convicted u/S.	Sentenced to
120-B IPC	Rigorous imprisonment for 10 years and fine of Rs. 2,500/- each, in default rigorous imprisonment for 6 months each.
302 r/w. 34 IPC	Imprisonment for life and fine of Rs.2,500/- each, in default rigorous imprisonment for 6 months each.
394 r/w. 120-B IPC	Imprisonment for life and fine of Rs.2,500/- each, in default rigorous imprisonment for 6 months each.

The learned Sessions Judged directed that the substantive sentences of imprisonment shall run concurrently.

For the sake of convenience, we shall refer the Appellants as they were referred before the trial Court i.e. Anita alias Meena Rajendra Khandabale as original accused No. 1 and Ajay Anant Ghag as original accused No. 2.

2. The prosecution case briefly stated is as under:-

That Dattatraya Pedanna Yemul was the owner of Peshwai Creation and Shrimant Collection, Pune. He used to wear Gold ornaments like goaf, chain, bracelet, rings and wrist watch. He was acquainted to accused No. 1 Anita, a married lady. Dattatraya Yemul used to take accused No. 1 Anita on his two wheeler to Taljai hill.

3. Accused No. 2 Ajay and accused No. 1 Anita had close relations. Both the accused were residing for some time at Lower Indiranagar, Bibvewadi, Pune.

4. On 08/03/2008 accused No. 1 Anita purchased tablets Atvin - 2 mg from a medical shop and pedha from Sweet Mart. In the evening, she called Dattatraya Yemul on mobile No. 9822601053 and asked him to come to Gajanan Maharaj Chowk, Laxminagar, Pune. Dattatraya went there on his Activa MH-12-CM-9935. Anita gave him pedha to eat. She had already mixed two tablets of Atvin - 2 mg in pedha. Both of them then had sugarcane juice at Raswanli of Samrat Dharwatkar in front of Shinde High School. From there they went towards Taljai hill.

5. PW 29 Balasaheb Dhere was the friend of Dattatraya Yemul. He used to go to Taljai hill for evening walk. When Dattatraya and Anita had been to Taljai hill, Balasaheb came there in his 800 Maruti car. While returning, his car did not start. So Balasaheb was waiting for the mechanic to come. He saw Dattatraya and Anita on Activa and talked to them. Balasaheb also noticed that accused No. 2 Ajay was standing at some distance with his Hero Honda motorcycle and exchange of gestures going on between Anita and Ajay. Balasaheb inquired with Dattatraya who disclosed that they had come in search of purse of Anita which was lost. Thereafter, Dattatraya and Anita went away from Taljai hill.

6. On 09/03/2008 at around 7.00 to 07.30 a.m., two boys PW 4 Jafar Shaikh and PW 7 Samir Sayyed came to play cricket on the cricket ground at Taljai hill. They saw a person lying in the bushes at some distance. They informed Sahakarnagar Police Station. PW 33 API Sunil Kulkami rushed to the spot along with the police staff, photographer and dog squad. They saw an injured person lying dead. C.R. No. 88 of 2008 was registered against unknown person under Section 302 of the IPC on written report of PW 1 PSI Yadav.

7. It was followed by spot panchanama drawn in the presence of panch witnesses. Two wheeler Activa was lying on the spot. The same was seized. API Kulkami noticed a stone kept on the back of the deceased and other articles viz. chappal, knife, nylon rope lying there. T