B.R. Gavai, J.

1. Being aggrieved by the judgment and order passed by the learned Ad-hoc Additional Sessions Judge, Amravati dated 17.8.2010 in Sessions Trial No. 35/08, thereby convicting the appellants for the offence punishable under Sections 302 & 342 read with Section 34 of the Indian Penal Code and sentencing them under Section 302 of the Indian Penal Code to suffer R.I. for life and to pay a fine of Rs. 5,000/- and in default, to suffer further R.I. for six months, and sentencing them under Section 342 of the Indian Penal Code to suffer R.I. for three months and to pay a fine of Rs. 500/- and in default, to suffer further R.I. for 15 days, the appellants have approached this Court. The prosecution story, in brief, as could be gathered from the material placed on record is as under:--

On 5.11.2007 the Police Station Rajapeth received a telephonic information that two persons were apprehended in Kanha Apartment at Badnera Road, Amravati. On receipt of the information, the police personnel from the Rajapeth Police Station went to the spot. They received the information that one person was set on fire in one room of the Kanha Apartment. The police party apprehended two p