JUDGMENT :

M.S. SONAK, J.

1. Heard Mr Daulat Khamkar for the Appellants, and Ms P.P.Shinde learned APP for the State.

2. The Appellants question the judgment and order dated 6-6-2013 in Sessions Case No. 107 of 2011 made by the learned Sessions Judge, Pune convicting the Appellants for offences under Sections 302, 427, 435, 452 read with Section 34 of the Indian Penal Code and sentencing them to suffer, inter alia life imprisonment.

3. The Sessions Court, on 6-9-2012, framed the charges against the Appellants alleging that on 18-10-2010 between 8.45 a.m. and 9.00 a.m. and between 10.30 a.m. and 11.15 a.m., they, in pursuance of a criminal conspiracy and having common intention, murdered Vitthal Krishna Warhe and his son Sunil Vitthal Warhe. The Appellants were also charged for other offences like house-trespass. The charge alleged that the Appellants used a sickle and sticks to murder Vitthal and Sunil.

4. The Prosecution examined ten witnesses, including PW-1 and PW-2 and PW-3 – eyewitnesses. The Appellants were offered an opportunity in terms of Section 313 of the Cr.P.C. The Appellants, having availed of this opportunity, even stated that they would examine one defence witness. Howev