S.S. SHINDE, J.

1. In Sessions Case No. 100 of 2012 the learned Additional Sessions Judge, Jalgaon has awarded death sentence to the accused No. 1 therein, the proceedings in the said case, have been therefore forwarded to this Court for confirmation under Section 366 of the Criminal Procedure Code. The accused No. 1-Yuvraj Kashinath Sabale and accused No. 2-Pankaj Maruti Sandanshiv have also preferred an appeal, which was admitted by this Court and same is registered as Criminal Appeal No. 29 of 2014. So also accused No. 3-Maheshkumar Rameshchandra Varma has also preferred an appeal, which was admitted by this Court and same is registered as Criminal Appeal No. 21 of 2014. As all the matters are arising out of one judgment, the arguments in these matters are simultaneously heard and we find it expedient to decide all these cases by common judgment. However, since the very conviction has been challenged by the convicts, the only proper course would be to first decide the Criminal Appeals so filed by the accused, for the reason that, only if the order of conviction is maintained by this Court, the further question will arise whether or not the death sentence awarded by the trial Court is sustainable and is to be confirmed or otherwise. Heard the learned Additional Public Prosecutor for the State and the learned Counsel appearing for the accused in Criminal Appeal No. 29 of 2014 and Criminal Appeal No. 21 of 2014.

2. The factual matrix of the prosecution case in brief as stated before the trial Court is as under:-

"(i) Dr. Vijaya Chaudhari (hereinafter referred to as deceased) was working as a Medical Officer in Civil Hospital, Jalgaon. Her husband Dr. Arvind Chaudhari (P.W.3), after retirement from Government service has joined Godavari Hospital, Jalgaon. They were residing together at Muktainagar, Jalgaon.

(ii) On 12.3.2012, Dr. Vijaya Chaudhari (The deceased) was on D.M.O. duty from 8 a.m. of 12.3.2012 till 8 a.m. of 13.3.2012. Dr. Arvind Chaudhari (P.W.3) dropped his wife at Civil Hospital, Jalgaon, in his car at about 8.30 a.m. and she worked in Civil Hospital till 1.00 p.m. and came to her house for lunch. After having lunch with her husband, Dr. Vijaya Chaudhari told her husband that, she had to attend one function at 5 p.m. in hotel Royal Palace, and she would go to function directly from hospital. Dr. Vijaya Chaudhari, on that day was wearing necklace, four gold bangles, two in each hand besides the routine ornaments. Dr. Arvind Chaudhari (P.W.3) dropped his wife at Civil Hospital in his car at about 2 p.m. and went away to attend his own work. He returned back to his house at about 7 p.m. He did not find his wife in the house and, therefore, he tried to contact her on Mobile No. 9822756324 at about 8 p.m., but mobile was switched off. As duty hours of deceased were to finish at 8.30 a.m. on 13.3.2012, Dr. Arvind Chaudhari (P.W.3) thought that his wife might be busy in hospital work. Therefore, he took meal and went to bed.

(iii) On 13.3.2012, Dr. Arvind Chaudhari (P.W.3) was waiting for his wife in his house till 9 a.m., but as she did not return to the house, he went to Civil Hospital, Jalgaon and made enquiry with R.M.O. Dr. Nitin Bharambe, who after making enquiry with hospital staff informed that Dr. Vijaya Chaudhari had conducted one post-mortem at about 3 p.m. on 12.3.2012 and since then her whereabouts were not known. Pawan Jadhav (P.W.9), who was working as sweeper in Civil Hospital and also assisting medical officers on post-mortem duty gave information that, Dr. Vijay Chaudhari had performed post-mortem of one female dead body at about 3 p.m. Dr. Arvind Chaudhari (P.W.3) thereafter proceeded to hotel Royal Palace in search of his wife as his wife was to attend one function there on 12.3.2014. He came to know that, his wife had not attended function at Royal Palace Hotel.

(iv) It is further case of prosecution that, Dr. Arvind Chaudhari (P.W.3) was taking search of his wife by making phone calls to his frien