A.M. DHAVALE, J.

Accused No.1 Kailash S/o Vishwanath Godse, accused No.2 Bhimappa S/o Gopalappa Kottawar and accused No.3 Nagorao S/o Madhvrao Pachling aggrieved by their conviction in Sessions Case No. 175 of 1996 by II Adhoc Additional Sessions Judge, Nanded, by Judgment dated 13th March, 2002, under Section 302 read with Section 34 of the Indian Penal Code and sentence of life imprisonment and fine of Rs.5,000/- each, preferred Criminal Appeal Nos. 127 of 2002, 125 of 2002 and 126 of 2002, respectively. As common questions are involved, all the appeals are heard together.

2. Facts relevant for deciding the appeals may be stated as under :-

Deceased Uday, aged 24 years, was son of PW-1 Ram Choudhary and PW-14 Pushpa Chaudhary. PW-1 Ram Choudhary was a political leader of B.J.P. of Mudkhed, Taluka Mudkhed, District Nanded. He was also a Mayor of Municipal Council for around 10 years.

3. First Information Report [Exhibit 193] dated 14th July, 1996 recorded by PW-1 Ram Choudhary in Civil Hospital, Nanded, at 09.15 a.m. was registered at CR No.95/96 at Mudkhed Police Statio