K.U. CHANDIWAL, J.

1. Appeal No. 315 of 2011 is preferred by Sikandar challenging his conviction recorded in Sessions Case No. 81 of 2010 for offense under Section 302 of IPC directing to undergo imprisonment for life and to pay fine of Rs. 1,000/-

2. The acquittal of original accused no.2 Shahajan, original accused no.3 Javed and original accused no.4 Sigva Ali is questioned by wife of deceased Sarfaraj Hussain (accused nos. 2, 3, 4) and such appeal (No. 357 of 2011) is admitted by this Court on 2.8.2011.

The State has also preferred appeal (No. 330 of 2012) and it was admitted on 27.4.2012, with a direction to hear Appeal Nos. 315 & 357 of 2011 and 330 of 2012, together.

3. Sadiq Hussain (PW No.3, Jafar Ali (PW No.4) are cousins residing at Nagpur. Their maternal uncle Sarfaraj (since deceased) was resident of Jamkhed. All the three decided to carry business in selling of Goggles around Ahmednagar city and they reached Ahmednagar on 9/10.1.2010. On 11.1.2010, these three persons left Hotel Lodge and in order to sell goggles, reached Chaudhari Dhaba to sell goggles to truck drivers near Vilad Ghat in vicinity of village Nimbalak on Nagar Manmad Road. After truck drivers leavi