JUDGMENT :

Abhay S. Waghwase, J.

1. Both appellants are hereby assailing judgment and order of conviction passed by the learned Additional Sessions Judge, Aurangabad dated 15-09-2017 in Sessions Case No.153 of 2013 by which both appellants are held guilty and thereby convicted for offence under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life.

BRIEF STORY OF PROSECUTION

2. On 16-01-2013 at around 10:00 p.m. there was heated exchange of words between PW1 Pawan and appellant Samadhan. Thereafter, at the instance of appellant Samadhan, 5-6 boys visited house of PW1 Pawan raising shouts. PW1 Pawan called up appellant Samadhan and questioned him why he had sent boys to his house. According to prosecution, appellant Samadhan threw challenge to PW1 Pawan to visit N6 Cidco. PW1 Pawan went to the said place with his younger brother Kapil at around 11:45 p.m. There appellants Samadhan, Kishor and two of their other friends initially assaulted PW1 Pawan with fist and kick blows. Appellant Kishor whisked out knife from his waist and gave several blows on the chest, stomach, waist of Kapil as a result of which he collapsed. PW1 Pawan with the hel