G.S. KULKARNI, J.

1. The appellants-original accused nos. 1 and 2 who stand convicted for offence punishable under section 302 read with section 34 of the Indian Penal Code and who are sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- each and in default of payment of fine suffer R.I. for 1 year by the Additional Sessions Judge, Pune in Sessions Case No. 337 of 2008, by this appeal question the correctness of their conviction and sentence.

Facts as necessary for decision of this appeal may briefly be stated thus:-

2. PW 16 Satish Shankarrao Patil, Police Inspector, attached to the Haveli Police Station was on duty on 17th January 2008. PI Satish was informed by Head Constable Modak on telephone that there was a murder opposite Dnyanganga Society, Vadgaon-Budruk, Near Khandoba Mandir in the field of one Balasaheb Jadhav. PI Satish therefore, went to the spot and noticed a dead body which was identified by the brother of the deceased who was present at the spot to be of Vijay Suryavanshi. An inquest panchanama at Exhibit 97 was recorded in the presence of panchas. The dead body was thereafter sent for post mortem. A spot panchanama at Exhibit 71 was r