BHARATI H. DANGRE, J.

1. Being aggrieved by the judgment passed by the Additional Sessions Judge of Greater Bombay in Sessions case no.310 of 2009 (State of Maharashtra vs. Nijamuddin A. Shaikh & Ors.), the two Appellants have preferred the present Appeal for their conviction under section 302, 342 read with section 34 of the Indian Penal Code. The Additional Sessions Judge, Bombay convicted the present Appellants for the offences punishable under Sections 302 read with Section 34 of the IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.3,000/-, in default, to suffer simple imprisonment for six months. The learned Additional Sessions Judge has also convicted the present Appellants for the offences punishable under section 342 read with Section 34 of the IPC and sentenced them to suffer simple imprisonment for three months and to pay fine of Rs.5000/-, in default, to suffer further imprisonment for one month. By the said judgment, the accused no.3-Shabbir Jamil Badshah came to be acquitted since no clinching evidence to rope the said accused was brought on record by the prosecution.

2. The case of the prosecution is that on 9th February, 2009, Poli