R.G. Ketkar, J.

1. Criminal Appeal No.1257 of 2003 is preferred by the original Accused No. 2 Nitin Laxman Pansare and Criminal Appeal No.1433 of 2003 is preferred by original Accused No.1 Raju Suresh Chavan. These two appeals are directed against the judgment and order dated October 3, 2003 passed by the learned II Ad-hoc District Judge, Pune in Sessions Case No.113 of 2002.

2. The Appellants were prosecuted for the offences punishable u/s. 302, 307 and 324 read with section 34 Indian Penal Code (for short IPC). The appellants were convicted of the offences punishable u/s.302, 307 and 324 IPC and were sentenced to suffer imprisonment for life only u/s.302 read with section 34 IPC. Each of them was ordered to pay fine of Rs.1000/. Learned Sessions Judge did not separately award sentence to the appellants for the offences punishable u/s.307 and 324 read with section 34 IPC as they were sentenced to suffer imprisonment for life u/s.302 IPC. Learned Sessions Judge also gave benefit of set off equivalent to the period of their detention in jail to the appellants.

3. It is the case of the prosecution that at about 10.15 p.m. in the night of November 15, 2001 the complainant