B. P. DHARMADHIKARI, J.

In these appeals filed under Section 374 of the Code of Criminal Procedure, accused Nos. 1 & 2 in Sessions Trial No. 79 of 2005 question the judgment dated 31.03.2007. The Adhoc Additional Sessions Judge, Gondia, has found both the accused guilty of offence under Section 302 read with Section 34 of Indian Penal Code for committing murder of one Shivchand Patle and sentenced them to suffer imprisonment for life and to pay fine of Rs.3,000/-, in default to undergo Rigorous Imprisonment for six months. Accused No. 1 - Pyarelal is further convicted under Section 307 of I.P.C. for attack on P.W.1 - Mulchand and sentenced him to suffer R.I. for five years, to pay fine of Rs.2,000/-, in default to undergo R.I. for four months. Sentences of accused No. 1 are to run concurrently. Accused No. I - Pyarelal s/o Mangasu Tumsare, is appellant in Criminal Appeal No.478 of 2011 while accused No.2 Shyama Tukaram Sahare, is appellant in Criminal Appeal No. 362 of 2007.

2. We have heard Shri Daga, learned counsel for the appellant - Shyama and Shri Joshi, learned counsel for the appellant-Pyarelal and Shri Patel, learned APP for the respondent, in both the appeals.

3. Th