Mrs. V.K. Tahilramani, J.

1. The appellants/original accused Nos.1 and 2 have preferred this appeal being aggrieved by the common judgment and order dated 22.03.2011 passed by learned Adhoc Additional Sessions Judge, Amravati in Sessions Trial Nos.12/2009 and 134/2009. By the said judgment and order the learned Additional Sessions Judge acquitted accused No.4 and convicted the appellants-original accused Nos.1, 2 and original accused No.3 for the offence punishable under Section 302 r/w. 34 of the Indian Penal code. For the said offence, the learned Sessions Judge sentenced them to suffer imprisonment for life and fine of Rs.Five Thousand each in default to suffer rigorous imprisonment for six months.

2. The prosecution case, briefly stated, is as under :

Suresh Shinde (P.W.1) was residing along with his family including his son Sagar (deceased) in Mahajanpura at Amravati. The appellants along with co-accused were also residing in the same locality. On 22.09.2008 at about 8.00 a.m. Sagar was sleeping in the house, at that time original accused No.4 Prakash Thakur came to the house of P.W.1 Suresh and took Sagar with him. Prakash said that they would return within a shor