S. B. MHASE, J.

( 1 ) THIS appeal is directed against the judgment and order dated 15-6-1999 passed by the II Additional Sessions Judge, Kalyan, in sessions Case No. 229 of 1997, holding the Appellants guilty under sections 302, 201 read with 34 of Indian Penal Code (hereinafter referred to as I. P. C.) and thereby sentenced to suffer imprisonment for life for the offence punishable under section 302 read with 34, Indian Penal Code and further sentenced to suffer simple imprisonment for three years and to pay a fine of Rs. 100/- (Rupees One hundred Only) in default to suffer simple imprisonment for fifteen days, for the offence punishable under section 201 read with 34, Indian Penal Code.

( 2 ) INITIALLY, there were five accused persons against whom the prosecution was launched by the State. However, accused Nos. 1, 2 and 5 have been acquitted by the II Additional Sessions Judge, Kalyan. The present appeal has been preferred by Original accused Nos. 3 and 4. (For the sake of convenience, they are referred to as accused Nos. 3 and 4 respectively)

( 3 ) THE deceased is Harishchandra Bhoir. He was employed with one pundalik Mhatre as watchman on the building namely "aditya Kuti