P.V. HARDAS, J. :- The appellant/original accused no.1. who stands convicted for an offence punishable under Section 302 r/w 34, 324 r/w 34 and 341 of the Indian Penal Code and sentenced to imprisonment for life and to each pay fine of Rs.1000/-, in default of which to undergo RI for three months and RI for two years and to each pay fine of Rs.500/- in default of which to undergo RI for one month and RI for one month, with a direction that the substantive sentences shall run concurrently, by the 1 Ad-hoc Additional Sessions Judge, Pandhapur, Dist. Solapur, by judgment dated 15/09/2004 in Sessions Case No. 11 of 2003, by this appeal questions the correctness of his conviction and sentence.

2. This appeal had originally been filed by appellant nos. 1 and 2 who were the accused nos. 1 and 2 respectively in the trial court. The Division Bench of this court by its judgment dated 10/10/2012 in Criminal Application No. 1224 of 2012 allowed the aforesaid Criminal Application and while confirming the conviction of appellant no.2 - Dhanaji Ramchandra Surwase, quashed the substantive sentence of imprisonment and upheld his plea that he was a juvenile in conflict with law. This court by the aforesaid judgment also directed that the appellant no.2 be set at liberty forthwith unless he was required in connection with the other cases. The Division Bench further directed that the Criminal Appeal would proceed as against appellant no. 1/original accused no. 1. In the light of the aforesaid judgment, therefore, this appeal is restricted to the challenge to the conviction and sentence on behalf of appellant no. 1/origina1 accused no. 1.

3. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus :-

PW 10 - PI Madhukar Ingale, who on 11/11/2002, was attached to the Sangola Police Station and was present in the police station recorded the complaint of PW 7 - Kailas at Exh. 54. On the basis of the complaint lodged by PW 7 - Kailas, an offence vide Crime No. 128 of 2002 was registered under Sections 302, 307, 341 read with Section 34 of IPC at about 12.15 p.m. The injured PW 1 - Balu was thereafter referred to the medical hospital for examination and treatment. The investigation of the said crime was entrusted to PW 10 - PI Ingale and accordingly he proceeded to the scene of the incident, which was on Sangola-Kadlas Road. At the scene of the incident, he noticed the dead body of deceased Mahadeo and accordingly in the presence of pach witnesses drew the in question panchanama of the dead body of deceased Mahadeo at Exh.39. The dead body was thereafter referred for post mortem examination under requisition at Exh. 68. Scene of the offence panchanama came to be drawn in the presence of pachas at Exh. 40. Samples of ordinary mud and blood mixed mud were drawn and seized under the said panchanama. PW 10 – PI Ingale returned back to the police station and on arrival of PW 1 - Balu at the police station, his clothes, which were stained with blood, were seized under seizure memo at Exh. 41. Statement of injured Balu was also recorded as well as statements of other witnesses. On 12/11/2002 the accused nos. 1 and 2 were traced and accordingly were rrested under arrest panchanama at Exh.44. The clothes of accused, which were blood stained, were seized. On 16/11/2002, accused no.1 – Ramchandra, during custodial interrogation expressed his willingness to point out the place where a motorcycle had been concealed. Accordingly, a memorandum was drawn in the presence of panch as at Exh. 47. Accused No.1 - Ramchandra led the police and the panch and pointed out the motorcycle which had been parked under a tree in Shirdhon Shiwar. Motorcycle was accordingly seized under panchanama at Exh. 48.

On 19/11/2002, accused no.2 - Dhanaji, during custodial interrogation, expressed his willingness to point out the weapon "Rapee" which had been concealed by him. Accordingly, a memorandum was scribed in the presence of panchas at Exh. 57