S.S. SHINDE, J.

1. Criminal Appeal No.817 of 2014 filed by accused No.2 Bharat Polaji Ghanchi @ Ghelot, is directed against the Judgment and Order dated 2nd September, 2014 passed by the Additional Sessions Judge, Pune thereby convicting accused No.2 Bharat Polaji Ghanchi @ Ghelot for the offence punishable under Section 302 of the Indian Penal Code (for short, “IPC”) and sentencing him to suffer life imprisonment and to pay fine of Rs.2,000/- and in default to suffer further rigorous imprisonment for three months. The Trial Court also convicted accused No.2 Bharat Polaji Ghanchi @ Ghelot for the offence punishable under Section 380 of IPC and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, in default to suffer further rigorous imprisonment for three months. All the sentences were directed to be run concurrently.

2. Criminal Appeal No.977 of 2014 filed by accused No.1 Bharat Kaluram Ghanchi @ Ghelot is directed against the Judgment and Order dated 2nd September, 2014 passed by the Additional Sessions Judge, Pune thereby convicting him for the offence punishable under Section 302 read with 34 of IPC and sentencing him to suffer life imprisonment and to pay fine of Rs.2,000/- and in default to suffer further rigorous imprisonment for three months. The Trial Court also convicted accused No.1 Bharat Kaluram Ghanchi @ Ghelot for the offence punishable under Section 380 read with 34 of IPC and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, and in default to suffer further rigorous imprisonment for three months. All the sentences were directed to be run concurrently.

3. Criminal Application No.953 of 2018 is filed by original informant Nagraj Chandmal Chajed, seeking permission to intervene in Criminal Appeal No.817/2014. The Applicant has further prayed to return him the 10 ornaments as mentioned in Annexure C to the Application.

4. Both these Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, hence the same are being decided by this common Judgment.

5. Before the Trial Court there were in all three accused i.e. Accused No.1 – Bharat Kaluram Ghanchi @ Ghelot, Accused No.2 – Bharat Polaji Ghanchi @ Ghelot and Accused No.3 - – Machharam Polaji Ghanchi @ Ghelot. The Trial Court convicted and sentenced Accused Nos.1 and 2 as afore-stated. However, the Trial Court acquitted Accused No.3 from all the offences with which he was charged. Therefore, these two appeals are preferred by Accused No.1 – Bharat Kaluram Ghanchi and Accused No.2 – Bharat Polaji Ghanchi, challenging their conviction and sentence. (for the sake of brevity, hereinafter we would refer Bharat Kaluram Ghanchi @ Ghelot as “accused No.1” and Bharat Polaji Ghanchi @ Ghelot as “accused No.2”).

6. The prosecution case, in brief, is as under :

(A) Nagraj Chandmal Chajed, a Goldsmith resides in Shubham Apartment, Block No.13, Rasta Peth, Pune, along with his wife Jayanti. He has two sons viz : Sachin and Ankush. They are doing separate business and residing separately. Nagraj is having jewelry shop named and style as Najraj Jewelers at 501, Ganesh Peth, Kasturi Chowk, Pune. He is dealing in sell and purchase of gold and silver. So also he is doing money-lending business against gold, but he is not keeping record of money-lending business transaction. Time of shop of Nagraj Jewelers is 9.00 a.m. to 1.30 p.m. and from 3.00 p.m. to 8.00 p.m. Accused no.1 Bharat Kaluram Ghelot, resident of village Padiv, Rajasthan was serving in the shop of Nagraj. Bharat Kaluram (Accused No.1) used to go to the house of Nagraj at 8.45 a.m. for household work and thereafter used to go to shop at 9.45 a.m. One Mahendra Parmar was also employed by Nagraj in his shop since last seven years preceding of the incident. However, one and half months prior to the incident, Mahendra Parmar proceeded on leave. One Mahendra Rajput was also working in the shop of the informant