V.M. Deshpande, J.

1. Criminal appeal No. 307/13 is filed by original accused No. 1 Akash Jagdish Kakanya. Criminal Appeal No. 322/13 is filed by original accused Sidharth Shankar Janbandhu. The appellants will be referred in the present judgment by their original position. The accused persons are before this Court in view of their conviction for the offence punishable under Section 302 read with Section 34 of Indian Penal Code by the Additional Sessions Judge-12, Nagpur, in S.T. No. 417/12. By the said judgment, after recording a finding of guilt against the accused persons, the learned Judge of the Court below sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/- in default of payment of fine to suffer simple imprisonment for three months.

Though both the accused are acquitted of the offences punishable under Sections 323 and 506(ii) read with Section 34 of Indian Penal Code, State has chosen not to prefer any appeal.

2. Prosecution case, as unfolded during the course of trial, is narrated herein as under:

(a) On 13.6.2012, at about 3 O' clock in the morning, when Ramesh (P.W. 6) reached to police station Jaripatka, Nagpur, that tim