(B.H. Marlapalle, J.)

These appeals filed under Section 374 (2) of Cr.P.C., arise from the order of conviction and sentence passed on 7th January, 2002 by the learned Ad-hoc Additional Sessions Judge at Pune, in Sessions Case No.238 of 2001. The appellant in Criminal Appeal No.152 of 2002 is on bail as of now and the appellant in appeal No.82 of 2003 is in jail and he is undergoing the sentence. Both the accused came to be arrested on 14th February, 2001 and accused No.1 has been in jail continuously from that date.

2. As per the prosecution case accused No.1 is the husband of P.W.3-Mangal and accused No.2 is his cousin brother from maternal side and both of them are permanent residents of Panvel. On the date of the incident i.e. on 12th February, 2001 P.W.3-Mangal was in her parental home at village Rase for about one month prior to 10th February, 2001. During the said time there was yearly fete in the said village and, therefore, to celebrate the same accused had also gone to Rase. On 12th February, 2001 both the accused were in the house of the mother of Mangal i.e. P.W.2-Sugandha Dhondiba Gote as the guests. They were served with dinner and deceased Sayaji Mungse alon