NARESH H. PATIL, J.

1. Original accused Nos. 1 to 3, namely, Ganesh s/o Nagnath Boinwad, Datta s/o Kanba Boinwad and Nagnath s/o Kanba Boinwad were charged alongwith other accused persons, on 2nd April, 2009 in Sessions Case No.118 of 2008. By Judgment and order dated 14th May, 2010 passed by the Additional Sessions Judge, Nanded, all these three Appellants were convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-each, and in default further R.I. for six months each. Rest of the original accused persons, who were charged alongwith these three Appellants, were acquitted. Criminal Appeal No.187 of 2012 is separately preferred by Appellant Ganesh Nagnath Boinwad and Criminal Appeal No.358 of 2010 is preferred by remaining two Appellants, namely, Datta s/o Kanba Boinwad and Nagnath s/o Kanba Boinwad. Both the Criminal Appeals are being disposed of by this common Judgment and Order.

2. In all, 14 persons were charged for committing murder of deceased Ramkishan Jalba Jadhav, on 14th April, 2008.

3. The prosecution case, as narrated by the eye witnesses to the incident, before the Court, reveals that three days prior to the incident, the deceased was sleeping outside the house on a cot. Accused Ganesh Nagnath Boinwad was riding his motorcycle, which struck the cot on which the deceased was sleeping. On that count, there was exchange of hot words in between the deceased and accused Ganesh. On 14th April, 2008, in the morning hours, at about 7.00 to 7.15 am, accused No.1 Ganesh Nagnath Boinwad, accused No.2 Datta Kanba Boinwad and accused No.3 Nagnath Kanba Boinwad, armed with sticks, came to the house of the deceased. The sticks are referred as "Badga". The Appellants came in front of the house of the deceased. They started shouting. They challenged the deceased, saying that "Ramkishan come out of the house, and let us see who has how much strength." They started giving abuses. Wife and daughter of the deceased were standing at the doorsteps of the house. They tried to prohibit the accused persons and even the deceased from coming out of the house. The brother of the deceased intervened and told the accused, not to quarrel as there was marriage ceremony in his house. The Appellants went back saying that they will see them later on. Thereafter at about 9.00 to 9.30 am the deceased went to Bhokar and came back at about 4.00 to 4.30 pm At about 7.00 to 7.15 pm, the Appellants Ganesh Nagnath Boinwad, Nagnath Kanba Boinwad and Datta Kanba Boinwad, again came to the house of the deceased. They were having "Badga" (sticks) in their hands and they challenged the deceased Ramkishan to come out of his house, as they wanted to finalize the matter. The deceased was taking food in the house. The relatives of the deceased were standing at the doorsteps of the house. The deceased came out of the house.

4. At this time, the prosecution case suggest that Appellant Ganesh Nagnath Boinwad caught hold the deceased and gave a blow with a knife to right side of the back portion of the body of the deceased. The blow was so forceful that deceased started screaming. Hearing the screams, his son rushed towards the deceased. He was obstructed by other accused persons. Deceased fell down. The accused persons thereafter ran away. The deceased was tried to be given water, but he was not in a position to drink the water. In auto rickshaw, the deceased was taken to the hospital at Bhokar, by his cousin brother. Doctor examined and opined that Ramkishan was dead. Phone call was made to Tamsa Police Station. P.S.I. came to the hospital after about one to one and half hours. He recorded the statements of the relatives of the deceased. Statement of PW2 Ravaji Jadhav was recorded (Exhibit 39). Postmortem of the dead body was conducted. Funeral was performed. Thereafter the police started investigation, they recorded statement