1. As all the above three appeals arise out of a common judgment of conviction and order of sentence dated 8.1.2013 passed by the First Additional Sessions Judge, Durg in S.T. No.183/2010, they are being disposed of by this common judgment.
By the said judgment, appellants R. Samuel and K. Benjamin have been convicted under S.302/34 & 201 of IPC and sentenced to undergo imprisonment for life, fine of Rs.2000/- & RI for five years and fine of Rs.1000/- with default stipulations respectively whereas appellant M. John has been convicted under S.302/34 of IPC only and sentenced to undergo imprisonment for life and fine of Rs.2000/- with default stipulation.

2. In the present case, name of the deceased is Rakesh Kumar Rajwade alias Rocky. It is alleged that on 16.7.2010 Rakesh Kumar had left his house and when he did not return in time, at about 11.15 p.m. his brother Nogesh (PW - 9) called him on his cell phone, to which Rakesh Kumar replied that he would be returning soon. When even after some time Rakesh Kumar did not return, PW - 9 and his brother Mukesh (PW7) went in search of Rakesh Kumar and near Sector - 9 Hospital, SHA road, they saw the accused persons assaulting Rakesh Kumar by