JUDGMENT - A.D. TATED, J.:---These two criminal appeals arise out of the judgment and order dated 17th February, 1983 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 141 of 1982 convicting the appellants in Criminal Appeal No. 376 of 1983 (accused Nos. 1 and 2) of the offence under section 302 read with section 34 Indian Penal Code and sentencing them to suffer imprisonment for life, and convicting the appellant in Criminal Appeal No. 98 of 1983 (accused No. 3) of the offence under section 325 read with section 34 Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 300/-, or, in default, to suffer further R.I. for two months.

2. The prosecution case is that the three appellants accused as well as deceased Wilson resided in a zopadpatti at Kranti Nagar, Kurla, Bombay. On 15th December, 1981 while the complainant Saiba Baly Damre (P.W. 2) deceased Wilson and one Chandya were near Wadia Estate Naka, a Police Officer at the instance of accused Nos. 1 and 2 caught hold of Chandya and took him to the Kurla Police Station. The complainant Saiba and deceasd Wilson with the help of one Patil, who was the head of bra

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