B.R. Gavai, J.

1. The appellants in Criminal Appeal no.396 of 2010 & Criminal Appeal No.397 of 2010 who are original accused Nos.1 and 2 in Sessions Trial No.309 of 2009 have approached this Court being aggrieved by the judgment and order passed in said Sessions Trial on 13-5-2010 thereby convicting the accused appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer Rigorous Imprisonment for life and to pay fine of Rs.1000/- (Rs. One Thousand) each in default of payment undergo further rigorous imprisonment for one month.

2. The prosecution case as could be gathered from the record is as under:

3. That the first informant Vaishali Pramod Kukadey PW-1 was residing with her husband, son Ashutosh, daughter Rewati, mother-in-law Kaushalyabai, nephew Mangesh Marotrao Gomase at Tulshibag near temple of lord Shankar, Belbag, P. S. Kotwali, Nagpur.

4. Her deceased husband Pramod Kukadey was kerosene dealer and nephew Mangesh was taking education. The accused persons were also residing in the nearby locality. There was an enmity between the complainant's family and the family of the accused as Mangesh PW-2 ha