JUDGMENT :

Sharmila U. Deshmukh, J.

1. Since, both the aforesaid appeals arise out of a common judgment and order and hence are taken up for hearing together and are being disposed of by this common judgment.

2. By these appeals, the appellants challenge the impugned judgment and order dated 31st December 2012 passed by the Additional Sessions Judge, Satara in Sessions Case No.71 of 2012. By the impugned judgment and order, the appellants were convicted and sentenced as under :

“Accused Nos. 1 to 4 are hereby convicted for the offence punishable under section 302 r.w. 34 of the Indian Penal Code u/section 235(2) of Criminal Procedure Coe and sentenced to suffer Life Imprisonment and to pay a fine of Rs.1,000/- (Rs. One Thousand only) each and in default to suffer S.I. for 3 months each.”

3. The case of the prosecution, as gathered from the material placed on record is that on 12th March, 2012 at about 7.45 a.m., the deceased – Shantaram was sitting on the “lap” (katta) of Anganwadi. At that time, accused no.1–Vishal @ Sagar Haribhau Nanaware @ Gurav, and accused No.2–Pravin @ Sonya Sanjay Algude came to the spot by motorcycle; the motorcycle being driven by accused no.2; that the accus