The central legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, especially in cases involving serious ofences such as robbery and murder.

JUDGMENT

N.R. Borkar, J. - This appeal takes an exception to the judgment and order dated 20.10.2011 passed by the additional Sessions Judge, Pune in Sessions Case No.925 of 2009. The appellants and one more accused were tried in the aforesaid sessions case for the ofences punishable under sections 394 and 302 read with 34 of the Indian Penal Code, 1860 (for short 'IPC').

2] By the impugned judgment and order, the appellants, who were accused nos.1 and 2 respectively before the trial court, have been convicted for the ofence punishable under section 302 read with 34 of the IPC and sentenced to sufer Imprisonment for Life and to pay fne of Rs.2,000/- each and in default of payment of fne, to sufer further Rigorous Imprisonment for one year. The appellants have been further convicted for the ofence punishable under section 394 of the IPC and sentenced to sufer Imprisonment for Life and to pay fne of Rs.2000/- each and in default of payment of fne, to sufer further Rigorous Imprisonment for one year. Both the sentences are directed to run concurrently. The trial court has however, acquitted the accused No.3 of all the ofences.

3] We have heard the learned appointed counsel for the appellants and the learned aPP for the respondent/State.

4] The deceased Bajirao Shankar Deokar and his wife Sunanda Deokar were retired primary Teachers and on the date of incident which took place in the intervening night of 20.06.2009 and 21.06.2009 were residing at Vadgaon anand, Dist. Pune.

5] according to the prosecution, on the date of incident the appellants/accused entered into the house of deceased, with intent to commit robbery and while committing the robbery, committed the murders of the deceased.

6] according to PW-1 Dr. Sanjay B. Deokar, the deceased were his parents. at the relevant time, he was residing at village ale Phata and his parents were residing at village Vadgaon anand. He daily used to go to his parents' house in the morning and evening.

7] according to PW-1, on 20.6.2009, he had gone to his parents' house at about 7.30 p.m. On that day, during chit-chatting his father disclosed to him that accused No.1 with two others had been to their house and they were making inquiry about their family. His father further disclosed to him that since last few days, accused No.1 started parking his vehicle near their house. His father expressed that the behaviour of accused No.1 is suspicious. according to PW-1, he stayed at the house of his parents for 10-15 minutes and then came back to his village.

8] according to PW-1, on 21.6.2009, while he was at his ofce, he received phone call of PW-4 Nilesh Walunj, who used to deliver newspaper at the house of his parents. He asked him to reach to his parents' house as lights were on, there was loud sound of T.V. and main gate was locked. according to PW-1, he along with his assistant PW-19 Sandip Ghangale reached to his parents' house. PW-19 went inside the house by climbing the main gate. He saw that the backdoor of the house was open. He went inside and saw that parents of PW-1 were lying in dead condition. He came out and intimated to PW-1.

9] according to PW-1, he then went inside and saw that his father was lying in kitchen. He examined him and found him to be dead. Then he went to prayer room. His mother was lying there and she was also dead. The cupboard was open and the articles were lying scattered.

10] according to PW-1, his mother used to wear gold earrings, one small gold Mangalsutra, one long gold Mangalsutra, four gold bangles and two gold rings. according to PW-1 the said ornaments were not there on the person of his mother.

11] PW-1 in his cross-examination has admitted that accused No.1 was not known to him prior to the incident. at the time of lodging of report, he was not aware of the address of accused No.1 nor he gave the address of accused No.1 to the police. He then volunteered that he stated name of the village of accused No.1. PW-1 has then stated that he however, cannot assign any re