JUDGMENT - TAHILRAMANI V.K., J.:---Through this appeal, the appellants are challenging the judgment and order dated 1-4-99 passed by the learned IInd Additional Sessions Judge, Kolhapur in Sessions Case No. 61 of 1998. By the said judgment and order, the appellants have been convicted for the offence punishable under section 364-A r/w section 34 I.P.C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- i.d. to suffer R.I. for six months.

2. The facts which are evident from the evidence on record, are briefly stated as under :-

The incident took place on 9-4-97 at Hupari, Taluka Hatkanangle, District Kolhapur. One minor boy viz. Sanjyot Satish Gajare (P.W. 10) was about 9 years old at that time. The said Sanjyots father was the nephew of the complainant Ashok Bhoje (P.W. 7). The father of the said Sanjyot was previously residing at Hupari. However, he shifted to Kagwad (Karnataka State) and therefore, Sanjyot and his sister Nikita were residing with Ashok Bhoje whom he regarded as a grandfather. Sanjyot was studying in an English School at Hupari.

On 9-4-97, as usual, Sanjyot Gajare had left for his school in the morning at about 7.00 a.m. When Sanjyot was

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