1. Both these Appeals are decided by this common Judgment because these Appeals arise out of the same impugned Judgment and Order passed in the same Sessions Case.

2. The Appellant in Criminal Appeal No.981/2017 - Shishupal Rathod was the original Accused No.1 and the Appellant in Criminal Appeal No.307 of 2019 - Amit Rajput was the original Accused No.2 in Sessions Case No.168/2015 before the learned Additional Sessions Judge, Pune.
For the sake of convenience, both the Appellants are referred to by their original status before the trial Court as 'the Accused No.1' and 'the Accused No.2' respectively.

3. The learned Additional Sessions Judge, Pune vide the Judgment and Order dated 31/10/2017 passed in Sessions Case No. 168/2015, convicted both the Accused for commission of the offence punishable under S.302 read with 34 of the Indian Penal Code, 1860 and sentenced them to suffer imprisonment for life and to pay a fine of Rs.2,000/- and in default to suffer S.I. for three months. They were granted set - off under S.428 of CrPC.

4. Both the Appellants were arrested on 01/12/2014 and since then, they are in custody.

5. Heard Mr. Jayant Bardeskar, learned Counsel for the Appellant in APEAL / 981/2017; Mr. Nikhilesh Pote, learned Counsel for the Appellant in APEAL / 307/2019 and Ms. Geeta Mulekar, learned APP for the Respondent - State.

6. The prosecution case is that, one Vasant Harishchandre was plying a rickshaw for his livelihood. On 21/11/2014, he met his son - Manoj in Lonavala vegetable market. He told his son that he was looking for some customers and that he would return home soon. This was around 09:30 p.m.. But he did not return till about midnight. His son Manoj got worried. Manoj tried to look for his father. In the next morning also, Manoj tried to search for him but his father Vasant was not found. In the meantime, the police called Manoj to the police station. He was shown a dead body. He identified it as that of his father. One Bhausaheb Bhivade had seen the dead body on a secluded road. He had informed the police. Accidental Death Report No.39 of 2014 was registered at Lonavala Rural Police Station on 22/11/2014 at 09:30 a.m. when the dead body was discovered. There were injuries on the head and other parts of the body. The son of the deceased lodged his FIR on 22/11/2014 at 07:00 p.m. It was registered vide C.R.No.217 of 2014 at Lonavala Rural Police Station. According to the prosecution case, one Usman Shaikh had seen both the Appellants in the rickshaw of the deceased around the same time. Based on his information, both the Appellants were arrested on 01/12/2014. The investigation continued. The statements of the witnesses were recorded. At the instance of the Accused No.1, a knife was recovered from a water filled quarry. At the instance of the Accused No.2, the blood stained clothes of both the accused and some documents regarding the rickshaw and the driving license of the deceased was recovered and seized from the Accused No.2's room. The CA reports were collected. At the conclusion of the investigation, the charge sheet was filed and the case was committed to the Court of Session.

7. During trial, the prosecution examined ten witnesses including Manoj - the son of the deceased Vasant, Usman Shaikh who had seen the Appellants with the deceased in the night, the panchas for recovery, the Doctor who had performed Post Mortem examination and who had also seen the injury on the arm of the Accused No.2 and lastly, the Investigating Officer.

8. The defence of the Appellants was of total denial. The learned Judge relied on the circumstances of the 'last seen together' theory, their identification, recovery of the weapon, recovery of blood stained clothes and recovery of the documents related to the deceased. Based on these circumstances, the learned Judge recorded the conviction and sentence against both the Appellants.

9. PW - 1 Bhausaheb Bhivade was the Deputy Sarpanch of village Dongargaon. On 22/11/2014, in t