A. P. Bhangale, J. - (1.)By these appeals, the original accused have challenged the judgment and order of conviction and sentence passed by 2nd Additional Sessions Judge, Nagpur in Sessions trial No.670 of 2000. Upon conviction for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, the appellants have been sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000 each, in default, to undergo rigorous imprisonment for six months.
(2.)Appellant Ramdas Shankarrao Madavi in Criminal Appeal No.354 of 2003 is original accused No.l while appellant Manik Ganpatrao Taiwade in Criminal Appeal No.308 of 2003 is original accused No.2. Appellants are hereinafter referred to as per their original status in Sessions trial.
(3.)Accused No.l Ramdas and victim in this case viz. deceased Madhukar were related to each other while accused No.2 Manik was their common friend, residing in village Dhotiwada. On the fateful day, accused persons took in their company said Madhukar from his house. After sometime, Nandlal, resident of the same village, came to PW 1 Sudhakar (elder brother of Madhukar) and informed him that Madhukar was lying in a pool of blood in Gondpura, village Dhotiwada. PW 1 Sudhakar rushed to the spot and removed Madhukar to Primary Health Centre, Kondhali where Madhukar was declared as brought dead.