V.M. Deshpande, J.

1. The appellants suffered conviction for the offence punishable under section 302 read with section 34 of the Indian Penal Code and they are ordered to suffer sentence for life imprisonment and to pay a fine of Rs. 1,000/- each and, in default, to suffer rigorous imprisonment for six months by learned Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No. 5 of 2012 on 7-2-2013, is the reason for these appellants to be before this Court in the present appeal.

A. PROSECUTION CASE:-

2. Deceased is Shatrughna. First informant Yograj Dayaram Jambhulkar (PW 4), is the father of the deceased. Yograj Jambhulkar lodged a oral report on 23-8-2011 at Police Station Kalmeshwar (Exh.28). The said oral report was reduced into writing by prosecution witness No. 11 Shri Sambhaji Khandu Mhetre who at the relevant time was discharging duties as police inspector. The oral report was disclosing commission of a cognizable offence. Resultantly, Sambhaji Mhetre (PW 11) registered a crime against the appellants vide Crime No. 182 of 2011 for the offence punishable under section 302 read with section 34 of the Indian Penal Code. The printed FIR is at Exh.29.

3. It was repo