A.P. LAVANDE, J. :- The above Confirmation Case and Criminal Appeals are being disposed of by common Judgment since they all relate to the Judgment and Order dated 30th September, 2004 passed by the Additional Sessions Judge, Akola in Sessions Trial No.22/ 2002.

2. Criminal Appeal No.738 of 2004 has been preferred by accused no.1 Ajay @ Rameshwar Raghuram @ Sheshrao Galat Dhabekar; Criminal Appeal No.686 of 2004 has been preferred by accused no.2 Subhash Ramkrishna Zope; Criminal Appeal No.698 of 2004 has been preferred by accused no.3 Subhash Harnarayanji Laddha, CIiminal Appeal No.682 of 2004 has been preferred by accused no.4 Suresh s/o. Mohanlal Maheshwari. The original accused no.5 Bajirao alias Rawalsingh Salu Rathod who has been convicted for the offence under section 465 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years has not preferred any appeal.

3. By the impugned Judgment, the accused no.1 Ajay @ Rameshwar Raghuram @ Sheshrao Galat Ohabekar has been convicted under sections 364, 302, 467,468,471 read with 120-B of the Indian Penal Code and sentenced to death and to pay a fine of Rs.1000/- and in default to suffer rigorous imprisonment for one year for the offence under section 302 of the Indian Penal Code and further to suffer rigorous Imprisonment for ten years and to pay a fine of Rs.1000/- and in default to suffer simple imprisonment for one year for offence under section 364 of the Indian Penal Code and for the offences under sections 467, 468 and 471 he has been further sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for two years and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3000/- and in default to suffer simple imprisonment for 18 months. The accused nos.2 to 4 have been convicted for the offences under sections 364, 302,467,468,471 read with 120-B of the Indian Penal Code and each of them is sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/- and in default to suffer rigorous imprisonment for two years. Out of the fine amount, an amount of Rs.10,000/- has been ordered to be paid to the wife of the deceased Kausalyabai Yadav Navkar as compensation under section 357 of Cr.P.C.

4. The appellants shall be hereinafter referred to with respect to their positions in the trial Court.

5. Briefly, the case of the prosecution is as follows:

On 18th September, 2000 Kausalyabai Yadav Navkar filed report with Civil Lines Police Station, Akola stating that her husband Yadav Navkar had left the house on 3rd September, 2000 at about 9 O'clock and he had stated he will return within half an hour but he had not returned. The missing report was registered and search was carried out for Yadav Navkar but he was not traced. Meanwhile. Kausalyabai received a letter in the name of her daughter Geeta purported to have been addressed by Yadav Navkar informing her that he had gone to village Pandhari near Shegaon and then he had left for Shirdi. Since Yadav Navkar was still not traceable search was being carried out. Thereafter, Kausalyabai received information that the land owned by her husband bearing Survey No.45 of village Umri, Taluka Akola was sold by one Ajay Galat (accused no. 1) under the garb of general power of attorney executed by Yadav Navkar in his favour to accused nos.2 to 4 and that the said power of attorney was executed by Yadav Navkar in favour of the accused no.1 on 30-6-2000. She also learnt that the sale-deed in respect of the said land was executed on 8-8-2000 for consideration of Rs.9 lacs. However, since Yadav Navkar along with his family members had gone to pilgrimage and had returned to Akola on 1-7-2000 in the morning it was impossible for Yadav Navkar to execute the power of attorney on 30th June, 2000. Moreover, earlier there was an agreement of sale executed between the deceased and accused nos.2 to 4 in respect of the very same property under which Y