SMT. V.K. TAHILRAMANT, J.

The appellants/original accused Nos. 1 and 2 have filed this Appeal against the Judgment and order dated 3rd December, 2007 passed by the learned I Adhoc Additional Sessions Judge. Kolhapur in Sessions Case No. 240 of 2001. By the said Judgment and order, the learned Sessions Judge convicted the appellants under Section 364-A read with Section 34 of the Indian Penal Code (IPC). For the said offence, he sentenced each of them to imprisonment for life and to pay fine of Rs.1,000/- each in default to suffer R.I. for one month.

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

The complainant PW-1 Sunil was residing at Jadhavwadi, Opposite Market Yard, Kolhapur along with his brother Anil Salokhe, wife of Anil Salokhe and two children of Anil Salokhe, who are a daughter named Nilima and a son Nilesh @ Babalu that is victim boy. At the time of the incident, Nilesh was about 9 years old and he was studying in 3rd Standard in Buds Primary School situated at Rajendranagar, Kolhapur. PW-1 Sunil and his brother Anil had business of plywood by name Salokhe Plywood in a shop situated in Janata Bazar Chowk, Rajarampuri, Kolhapur. Both the brothers used to join