JUDGMENT:

Lokeshwar Singh Panta, J.

1. The appellants Shantabai (A-1), Sajan (A-2) and Govind (A-3) have filed this appeal against the judgment and order dated 27.06.2005 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No.58 of 1995 confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code [for short "the IPC"] and a fine of Rs. 2,000/- each with default clause to undergo R.I. for six months awarded by the learned Additional Sessions Judge, Biloli, in Sessions Case No. 160/1993.

2. In all five accused persons were tried by the learned Additional Sessions Judge, Biloli, under Sections 147, 148 and 302, IPC, read with Section 149, IPC. A-1, A-2 and A-3 were found guilty of the murder of Gunwant Nivrati Dhumale, while Venkar (A-4) and Anshabai (A-5) were acquitted of the charges framed against them.

3. Briefly stated, the case of the prosecution against the accused persons was that A-1, A-2 and A-3 are residents of village Loni and A-4 and A-5 are residents of village Shilvani. A-1 is the wife of A-2 and A-3 is