JUDGMENT :

L. Nageswara Rao, J.

The Appellant in Criminal Appeal No.430 of 2014 was convicted for an offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) and sentenced to life imprisonment. The Appeal preferred by him was dismissed by the High Court. The Appellants in Criminal Appeal Nos.458-459 of 2014 who were tried along with the Appellant in Crl. Appeal 430 of 2014 were acquitted by the Trial Court. Their acquittal was challenged by the State and the wife of the deceased before the High Court. The High Court reversed the acquittal and convicted them under Section 302 and sentenced them to life imprisonment. Aggrieved by the judgment of the High Court, the Appellants have filed the above Appeals.

2. An FIR was registered at 11:45 am on 11.01.2010 on the basis of statement given by Sadiq Hussain Majloom Jafri (PW-3). As per the FIR, Sarfraj Akbar Syyed who was a resident of Jamkhed, District Ahmednagar was eking out his livelihood by selling goggles and spectacles. Sadiq Hussain Majloom Jafri (PW-3) along with his cousin Jafar Ali (PW-4) reached Ahmednagar at 10:00 am on 09.01.2010. They spent the whole day selling goggles at Ahmednagar and