JUDGMENT/ORDER

ANUJA PRABHUDESSAI, J. - This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, challenging the Judgment and Order dtd. 8/5/2014 passed by Learned Additional Sessions Judge, Mumbai in Sessions Case No.292 of 2012.

2. By the impugned Judgment, the learned Sessions Judge convicted and sentenced the appellants (hereinafter referred to as accused nos.1 and 2 respectively) for offence punishable under Sec. 302 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with fine of Rs.1000.00, in default rigorous imprisonment for six months. The accused are also held guilty of offence under Sec. 392 r/w. Sec. 394 r/w. 34 of the Indian Penal Code and sentenced to suffer 07 years rigorous imprisonment with fine of Rs.1000.00, in default rigorous imprisonment for six months.

3. The case of the prosecution in brief is that, the deceased - Tabeta Fonseca, aged about 85 years was residing alone in a ground floor flat of Fonseca Building, Dadar, Mumbai. On 8/9/2011, PW-1- Ruth Edward D'souza, the daughter of the deceased made several phone calls to her mother which went unanswered. Hence, on 9/9/2011 at about 9.00 a.m., she came to t