B.R. GAVAI, J.

1. The appellants have approached this Court being aggrieved by the judgment and order dated 5/12/2016 passed by the learned Additional Sessions Judge, Nagpur in Sessions Trial No. 405/2014, thereby convicting appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5000/- and in default, to suffer imprisonment for three months.

2. The prosecution case, in brief, as gathered from the material placed on record is thus:

On 4/7/2015 in the evening hours, accused no. 1 Mukesh, resident of village Dighori, presented himself in Police Station, Mouda along with Bolero vehicle No. MH 40-Y-1391 and informed that his said vehicle had dashed one Bandu Dhobale in between 5.30 p.m. and 6 p.m. near village Dighori. He informed that since he had fear that villagers would beat him, he came to Police Station. P.W. 18 P.I. Gaigole took entry with regard to the same in the station diary. He also took photographs of the vehicle. Thereafter P.W. 18 P.I. Gaigole along with other Police staff went to the spot. They found that one damaged motor cycle was lying near agri