P. V. HARDAS, J. ;- The appellants no.1 and 2 stand convicted for an offence punishable under section 302 read with 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.3,0001- each, with a default condition of undergoing further simple imprisonment for six months in the event of non-payment of fine and appellant no.3 Nilabai w/o. Datta Potare stands convicted for an offence punishable under Section 324 of Indian Penal Code and sentenced to suffer simple imprisonment for 6 months and to pay fine of Rs.l,500/- with default condition to undergoing simple imprisonment, for three months and accused nos.3 and 4 who also stand convicted for an offence punishable under section 323 LW.34 and sentenced simple imprisonment for three months and to pay find of Rs.1000/- each with default condition of under going further simple imprisonment for one month by the Additional Sessions Judge, Nanded by judgment dated 25-7-2007.

2. Such of the facts are as necessary for the decision of this appeal may briefly be stated thus :

P.W. 8 P.S.I. Satanure who was attached to Tamsa Police Station recorded the complaint of P.W.1 Laxmibai at Exh.25. On the base of said complaint at Exh.25 he registered an offence vide crime No.67/2006 under section 302, 324, 323. 504 r/w section 34 of Indian Penal Code. After registration of the offence, investigation came to be handed over to P.W.10, A.P.I. Uttam Mulak. In the evening P.W. IO A.P.I. Mulak went to the Primary Health Center Tamsa and drew the inquest pachanama of the dead body of deceased Shyamrao at Exh.31 in presence of P.W.4 Vishvanath. Thereafter, he issued a requisition for conducting the post-mortem on the dead body of deceased Shyamrao at Exh.46. Postmortem on the dead body of deceased Shyamrao came to be conducted by P.W.7 Dr. Gopikrishna Patil. P.W. 7 Dr. Patil noticed following external injuries.

1. CLW over forehead on left side of size 1 cm x 0.5 cm x 0.4 cm, edges are read and swollen, clots present, within 24 hours, caused by hard and blunt object.

2. Abrasion over forehead on right side of size ] cm x 0.5 cm redness present, within 24 hours, caused by hard and blunt object.

3. Stab injury over sternum at the level of 3rd intercostal space, of size 1.5 cm x 0.7 cm x deep thorax, biconvex in shape, edges are red, swollen, clots present within 24 hours, caused by pointed and sharp object.

On interna1 examination, he noticed fracture of sternum at the level of third intercostal space at thorax. He also noticed that pericardium contains heamotoma and blood clots. Heat penetrating injury over right atrium entering the cavity of heart. He therefore, opined that cause of death was haemmorrhagic shock with cardio respiratory arrest due to injury to heart. Post-mortem report is at exh 40. P.W. 10 A.P.I Mulak thereafter recorded the statements of witnesses and also seized the clothes of deceased vide seizure at Exh.32. He thereafter visited the sence of the offence and recorded the scene of the offence panchanama at Exh.34 in the presence of P.W. 5 Pandit. The accused came to be arrested on 17-9-2006 under the arrest panchanama at Exh.48, 49, 50. Clothes from the person of the accused came to be seized on the next day under panchanama at Exh.36 in presence of witnesses. During custodial interrogation accused no.1 expressed his willingness to point out the place where the sickle was hiden. Aforesaid memorandum came to be recorded in presence of P.W. 6 Uttam at Exh.37. Accused thereafter led the police and panch to the field of One Maruti and produced a sickle it was hidden under a lemon tree. There were blood stains and mud to that sickle. The sickle came to be seized under panchanama at Exh.37-A On 19-9-2006, accused No.4 Santram came to be arrested under arrest panchanama at Exh.51. Blood samples of accused no. 1 and 2 came to be obtained from the Medical Officer seized property thereafter came to be forwarded to the Chemical Analyser for analysis. The report of chemical

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