B.R. Gavai, J.

1. Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Akot in Sessions Trial No. 20/2011 dated 8.5.2014 thereby convicting the appellants for the offences punishable under Sections 302, 364 and 201 read with Section 34 of the Indian Penal Code and Section 120-B of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 1,000/- in default of payment of fine to suffer R.I. for six months for the offence punishable under Section 302 read with 34 of the I.P.C. and further sentencing them to suffer R.I. for 10 years and to pay a fine of Rs. 500/- in default of payment of fine to suffer further R.I. for two months for the offence punishable under Section 364 read with 34 of the I.P.C. and further sentencing them to suffer R.I. for 5 years and to pay a fine of Rs. 700/- and in default of payment of fine to suffer further R.I. for 4 months for the offence publishable under Section 201 read with Section 34 of the I.P.C. and also sentencing them to suffer imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to suffer further R.I. for 6 months for the offence punishable under Section 120-B of the I.P.C. the appellants have approached this Court.

2. The prosecution story as could be gathered from the material placed on record is thus:-

The first informant PW-1 Ananta and PW-5 Madhusudan are the real brothers and reside jointly at village Wadgaon Rothe, taluka Telhara. Madhusudan was blessed with a son namely Atharva, aged 5 years and a daughter Sanvi. Atharva was studying in K.G.II. On 27.12.2010, some guests were to arrive in respect of marriage proposal of Ananta. As such Atharva was not sent to the school. The guests left the house at around 4 p.m. Since Atharva did not come to home, they started searching for him till 9 p.m. Since he was not found, Ananta went to Police Station, Telhara to lodge the missing report.

3. When PW-1 Ananta was coming back, he received phone call from Nagorao informing him that the dead body of Atharva was found in a gunny bag lying in a stream on Nimbhora road. He along with others reached the spot at 10.30 p.m. and saw the dead body of Atharva. He again went to Police Station Telhara and lodged the report of murder against an unknown person. On the basis of the said oral report, an offence came to be registered at 00.30 a.m. on 28.12.2010. After registration of the first information report, PW-1 along with the Police came to the spot. Spot panchanama and inquest panchanama were prepared and the body was sent for post mortem. On 28.12.2010 in the morning, a dog squad was called from the Control Room, Akola. Smell of the gunny bag was given to the dog, however, same could not lead to any clue. Similarly smell of T-shirt was given to dog. However, that also did not lead to any clue.

4. The accused came to be arrested on 29.12.2010. According to the prosecution, on 1.1.2011 on the memorandum of the accused under Section 27 of the Indian Evidence Act, the incriminating materials were recovered. After completion of the investigation, the charge sheet came to be filed in the Court of the learned Judicial Magistrate First Class, Telhara. Since the case was exclusively triable by the Sessions Court, same came to be committed to the learned Sessions Judge, Akot.

5. The learned trial Judge framed the charges below Exh.10 for the offence punishable under Sections 302, 364, 201 read with Section 34 of the Indian Penal Code and under Section 120-B of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentenced the appellants as aforesaid. Being aggrieved thereby, the present appeal.

6. Mr. Badar, the learned counsel appearing on behalf of the appellants submits that the learned trial Judge has grossly erred in convicting the appellants. He submits that the witnesses who