JUDGMENT :

P.N.Deshmukh, J.

Learned Sessions Judge, Bhandara vide Judgment in Sessions Trial No.65 of 2015, delivered on 30.6.2018 convicted appellant no.1 Amir Aziz Shaikh and appellant no.2 Sachin Kundalik Raut for the offences punishable under Sections 302, 307, 397, 452 and 460 read with 34 of the Indian Penal Code and awarded death sentence to both the appellants for the offence punishable under Section 302 read with 34 of the Indian Penal Code directing that they shall be hanged by neck till they are dead as contemplated under Section 354(5) of the Code of Criminal Procedure.

2. Both the appellants are further convicted for the offence punishable under Section 307 read with 34 of the Indian Penal Code and are sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for one year. Both the above named appellants are further convicted for the offence punishable under Section 397 read with 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for seven years. For the offence punishable under Section 452 read with 34 of the Indian Penal Code, both the appellants are sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/- each, in default to suffer rigorous imprisonment for six months. And lastly, on the count of Section 460 read with 34 of the Indian Penal Code, the appellants are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for one year. All the substantive sentences are directed to run concurrently. Both the appellants are also held entitled for set off of the period already undergone by them under the provisions of Section 428 of the Indian Penal Code.

3. As required under Section 366 of the Code of Criminal Procedure, a reference is made to this Court by the learned trial Court for confirmation of death sentence, as awarded. While the appellants, as stated aforesaid, have preferred Criminal Appeal No.603 of 2018 having been aggrieved by the Judgment recorded as above.

4. In brief, it is the case of prosecution that, both the appellants, in furtherance of their common intention, committed house trespass to commit robbery in the house of PW-18 Rupesh s/o. Dayaji Bariya @ Patel and in the course of same transaction, committed murder of his wife deceased Priti and attempted to commit murder of their son Bhavya. PW-Rupesh Bariya was having a small unit manufacturing Soda water at Bhandara and at the time of incident, was resident of Samrudhi Nagar, Plot No.5, Takiya ward, Bhandara. He was residing with his wife, aged 30 years and minor son Bhavya, aged 8 years. Both the appellants being Air Conditioner Mechanics working within Bhandara township, were familiar with the Bariya family as, prior to incident, they had visited their house for repairing Air Conditioner. In the background of above, it is the case of prosecution that, on 30.7.2015, Bhavya, after visiting his father's unit, returned back home at around 7.15 p.m. by his cycle. PW-Rupesh followed him and reached the house at about 8.00 p.m. and ranged the door bell. However, the same was not responded. Thus, he pushed the door which was not latched from inside to notice that his son Bhavya was lying in a pool of blood in the front room having bleeding injuries on his head. On his entering the kitchen room in the house, PW-Rupesh saw that his wife Priti lying on the floor in a pool of blood having sustained bleeding injuries. He also noticed that house hold articles from his bed room were lying scattered. Having shocked on witnessing the scene, he informed about it on phone to his brother Jitubhai, who immediately arrived in his house along with other relatives and arranged to shift both the victims to Civil hospital, Bhandara. The doctors at the hospital gave information to police. On the basis of report (Exh.32) lodged by PW-1 Mahesh s/o. Girdharlal Ruparel, offence