JUDGMENT P.V. Hardas, J. 1. The appellants, who stand convicted for offence punishable under Sections 302 and 201read with Section 34 and under Section 397 of the Indian Penal Code and sentenced to imprisonment for life, RI for two years and RI for seven years, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Ratnagiri, by judgment dated 31/07/2009, in Sessions Case No. 33 of 2007, by this appeal challenge their conviction and sentence. Facts, as are necessary for the decision of this appeal, may be stated thus:-- "PW 19 - Police Head Constable Prakash Yadav, who, on 31/5/2007, was attached to the Lanja Police Station and was on duty, received a telephone call at about 8 p.m. from PW 6 - Umar Malim informing PW 19 - Police Head Constable Yadav that a person was noticed lying on the road and two other persons had been detained. PW 19 - Police Head Constable Yadav made an entry in the station diary and deputed police officials to verify the information. At about 9.30 p.m. Hawaldar Garate telephoned and informed PW 19 - Police Head Constable Yadav that there was some foul play as far as the person who was noticed lying on the road. An entry was accordingly made in the station diary and PW 19 - Police Head Constable Yadav requested PSI Koli to listen to the conversation. PSI Koli accordingly instructed and deputed police officials to the spot. An entry in the station diary was accordingly taken. PW 20 - Police Head Constable Baban Garate, who was also attached to the Lanja Police Station, was instructed by PW 19 -Police Head Constable Yadav about receipt of a message from village Vilvade. PW 20-Police Head Constable Garate was further informed to proceed to the scene of the incident and accordingly PW 20 - Police Head Constable Garate proceeded to the scene of the incident. They reached village Vilvade and went near the house of PW 6 - Umar Malim. PW 6 - Umar Malim informed PW 20 - Police Head Constable Garate about detention of two persons, who were identified during trial as the appellants. PW 20 - Police Head Constable Garate thereafter proceeded to the scene of the incident at Waghangaon Sutarwadi. He noticed some blood stains and also noticed one person lying in the gutter by the side of the road. PW 20 - Police Head Constable Garate thereafter proceeded to the scene of the incident at Waghangaon Sutarwadi. He noticed some blood stains and also noticed one person lying in the gutter by the side of the road. Few villagers had gathered there and he also noticed that the injured had sustained an injury at the back of his head and one handkerchief had been tied around his neck. He, therefore, telephoned PW 19 - Police Head Constable Yadav and instructed him accordingly. After some time PW 21 - PSI Koli arrived at the scene of the incident. PW 21 - PSI Koli, who was also attached to the Lanja Police Station, was informed by PW 19 - Police Head Constable Yadav about the receipt of the telephone call. PW 21 - PSI Koli thereafter visited the scene of the incident along with police staff and inspected the dead body. The accused were brought to the police station and PW 21 - PSI Koli lodged his complaint at Exh. 72. On the basis of the said complaint, he registered an offence vide Crime No. 62 of 2007. After registering the crime, he visited the scene of the incident and in the presence of the panch witnesses, drew the inquest panchanama of the dead body at Exh. 41. The dead body was then referred for postmortem examination. Personal search of the accused was taken and they were arrested under arrest panchanama at Exh. 28. Various articles in the possession of the accused were seized under Exh. 28." The scene of the incident panchanama was drawn at Exh. 42 in the presence of panch witnesses. A panchanama of the scooter, belonging to the accused, was drawn in the presence of panchas at Exh. 31. Statements of witnesses were recorded. On the same day, advance cause of death certificate was obtained at Exh. 56. On 2/6/2007, the clothes of deceased were seized in the presence of panchas under seizure memo at Exh. 36. A search warrant for searching the house of the accused was obtained under letter at Exh. 73. The search warrant is at Exh. 74. Thereafter search of the house of the accused was taken. The key was provided by accused No. 2 to open his house. The articles found in the house were seized under seizure memo at Exh. 33. A search warrant for searching the house of the accused was obtained under letter at Exh. 73. The search warrant is at Exh. 74. Thereafter search of the house of the accused was taken. The key was provided by accused No. 2 to open his house. The articles found in the house were seized under seizure memo at Exh. 33. Statement of the original owner of the scooter i.e. PW 12 - Yunus Malik, was recorded. The RC Book and the Insurance Policy are at Exhs. 48 and 49. On 2/6/2007, relatives of deceased Jamil Ahmad Sharif Ahmad attended the police station and statements of PW 22 - Shabnam, wife of deceased Jamil was recorded as well as the statement of brother of deceased. On 3rd, 4th and 5th June 2007, statements of witnesses were recorded. On 5/6/2007, one person by name Nazir Mundhe was arrested under arrest panchanama, but subsequently he was discharged by the court by order below Exh. 5. The seized articles were referred to Chemical Analyzer under requisition at Exh. 76. Steps were taken for tracing the absconding accused - Khalid Anwar. On 27/6/2007, the statement of hotel Manager PW 11 - Sudarshan was recorded. The bill books were seized under the panchanama at Exh. 59. On 27/6/2007 statements of witnesses were recorded and further to the completion of investigation, a chargesheet against the appellants was submitted. Postmortem on the dead body of deceased Ahmad Jamil Ahmad Sharif Ahmad was performed by PW 14 -Dr. Pradeep Ingole. PW 14 - Dr. Ingole noticed the following external injuries :-- "(i) Ligature mark - Ligature mark is around the neck above the thyroid cartilage. Ligature mark is circular, continuous. Contused and underlined fascia of mark is echymosed. The breadth is about 2 cms all around. (ii) Contused and lacerated wound at right parietal bone near parietal eminence. The edges of wound are irregular, red in colour, oozing plus of size 6 x 2 x scalp deep. No evidence of fracture seen. (iii) Contused and lacerated wound over right temporal area above right anterio posterior, having irregular edges, red in colour. The size about 3 x 1 x scalp deep. Blood through right ear. There is evidence of depressed fracture of temporal bone of size about 2 x 1 cm. No evidence of fracture seen. (iii) Contused and lacerated wound over right temporal area above right anterio posterior, having irregular edges, red in colour. The size about 3 x 1 x scalp deep. Blood through right ear. There is evidence of depressed fracture of temporal bone of size about 2 x 1 cm. (iv) Contused and lacerated wound 1 cm below the injury No. 2 parallel, irregular edges of size 4 x 1 x scalp deep. There is evidence of depressed fracture of temporal bone in irregular shape. (v) Contusion over nose about 2 cm x 2 cm, red in colour ethymosis present. (vi) Abrasion over right shoulder, red in colour of size about 2 x 1/2 inch, ethyomosis present. (vii) Abrasion of 1 cm. over right knee, red in colour, ethyomosis present. (viii) Abrasion of about 1 cm. over left knee, red in colour, echymosis present. (ix) Abrasion over right anterior superior iliac spine of size 2 x 2 inch, red in colour, irregular in shape, echymosis present. (x) Abrasion over right lateral side of thigh, red in colour of size about 3 cm x 3 cm, irregular in shape, echymosis present. (xi) Abrasion on left cheek of size about 1 x 1 cm., red in colour echymosis present." PW 14-Dr. Ingole opined that all the injuries were ante mortem and on internal examination, subdural haemotoma was found on the right side, tempero-parietal area of size 4 inches x 3 inches. Larynx trachea and bronchi and both the lungs were congested. Semi digested food was found in small intestine. The Medical Officer opined that deceased had died less than six hours from the previous meal. He further opined that cause of death was due to cardio respiratory arrest as a result of asphyxia due to strangulation and cerebral hemorrhage due to head injury. The postmortem report is at Exh. 55. The advance death certificate is at Exh. 56. Article 46 is the coloured handkerchief, which was tied around the neck of the dead body. According to PW 14 - Dr. Ingole, the ligature mark could be possible by strangulating a person by the handkerchief Article 46. The other injuries i.e. depressed fracture was possible by assault by hammer, Article 58. 2. On the case being committed to the Court of Sessions, trial court vide Exh. According to PW 14 - Dr. Ingole, the ligature mark could be possible by strangulating a person by the handkerchief Article 46. The other injuries i.e. depressed fracture was possible by assault by hammer, Article 58. 2. On the case being committed to the Court of Sessions, trial court vide Exh. 7, framed charge against the appellants for offence punishable under Sections 302 read with 34, 397and 201 read with 34 of IPC. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 22 witnesses. The defence of the appellants was of denial. The trial court, upon appreciation of the evidence, convicted and sentenced the appellants as afore-stated. 3. We have heard Ms. Rohini Dandekar, learned counsel appointed for the appellants and the learned APP for the State and in order to effectively deal with the submissions advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses. 4. Prosecution has examined PW 22 - Shabnam, wife of deceased Jamil. PW 22 - Shabnam deposes that absconding accused - Khalid Anwar was her cousin. She has identified the photograph of absconding accused - Khalid at Article 64. According to her, her husband deceased Jamil was dealing in electrical equipments and was staying at Saharanpur, Uttar Pradesh. Sometime in the year 2005, absconding accused Khalid Anwar had come to the house of deceased and had suggested that Khalid Anwar and deceased Jamil should start a business in waste papers. Khalid Anwar also informed deceased Jamil that deceased would be required to raise money for the business and that deceased and Khalid could share the profit. Khalid Anwar also disclosed that there was one paper mill at Busawal in Maharashtra and deceased Jamil, therefore, should raise Rs. 60,000/- for the waste paper business. Accordingly, Jamil agreed and gave the said amount to accused Khalid. After about 15 days, accused Khalid Anwar returned back Rs. 30,000/- but did not return the remaining amount. Deceased Jamil, meanwhile, continued his old business in electrical equipments. Sometime in January, 2007, accused Khalid Anwar again came to the house of deceased Jamil and requested deceased Jamil to invest some more money in the waste paper business in some paper mill at Bidar in Karnataka State. 30,000/- but did not return the remaining amount. Deceased Jamil, meanwhile, continued his old business in electrical equipments. Sometime in January, 2007, accused Khalid Anwar again came to the house of deceased Jamil and requested deceased Jamil to invest some more money in the waste paper business in some paper mill at Bidar in Karnataka State. Deceased Jamil did not agree to this suggestion and, therefore, accused Khalid Anwar went back and thereafter came on the next day. Since deceased Jamil was not present in the house, accused Khalid Anwar went away. Accused Khalid used to make frequently telephone calls to deceased Jamil and also to PW 22 - Shabnam in respect of the business proposal. Somewhere in April, 2007, a telephone call was received from the paternal aunt of PW 22 - Shabnam and mother of accused - Khalid, who gave an assurance that she would be responsible for the money which would be invested by deceased Jamil in the business with accused Khalid. On this assurance, deceased Jamil agreed to invest money. Thereafter, one friend of Khalid by name Mohmmad Motasim (accused No. 1) came to the house of deceased Jamil. According to Shabnam, accused No. 1 had earlier visited the house along with accused Khalid Anwar. Deceased Jamil had paid amount of Rs. 1,50,000/- in cash to accused Khalid Anwar and Khalid Anwar and accused No. 1 then left the house. After about 12 days, deceased Jamil returned back and had brought Rs. 50,000/-. PW 22 - Shabnam, therefore, inquired from deceased Jamil regarding the whereabouts of Khalid Anwar and deceased Jamil informed her that Khalid Anwar had remained at Pandharpur at the place of his in-laws. After about 3 days, a telephone was received from accused Khalid Anwar requesting deceased Jamil to raise an additional money for the business. Khalid had disclosed that he had sent accused No. 1 to the house of deceased and requested deceased Jamil to take accused No. 1 - Motasim along with him. Accordingly, on 19th May, accused No. 1 came to the house of deceased Jamil. Deceased Jamil managed to raise Rs. 1,00,000/- and on the next day, deceased Jamil, accompanied by accused No. 1, left for Bidar, carrying Rs. 1,00,000/- with him. Deceased Jamil owned two mobile phones, one was of Nokia, while the other was a Reliance mobile. The Nokia phone had number 992757886. Deceased Jamil managed to raise Rs. 1,00,000/- and on the next day, deceased Jamil, accompanied by accused No. 1, left for Bidar, carrying Rs. 1,00,000/- with him. Deceased Jamil owned two mobile phones, one was of Nokia, while the other was a Reliance mobile. The Nokia phone had number 992757886. Deceased Jamil carried his pancard, his driving license, HDFC Bank Card and 3 to 4 pairs of clothing. He had carried a suit-case along with him. 5. Upto 30/5/2007, deceased Jamil used to regularly call PW 22 - Shabnam and used to talk with her. After that, PW 22 -Shabnam did not receive any telephone calls from deceased Jamil. On 30/5/2007 deceased Jamil had informed Shabnam that he had received money at Bidar and that he was at Sangli along with Khalid, accused No. 1 and one Noormohammad (accused No. 2). According to Shabnam, deceased Jamil had once shown her the photograph of accused No. 2, which was on the mobile phone of deceased Jamil. Deceased Jamil further disclosed to Shabnam that accused Nos. 1 and 2 were friends of Khalid Anwar and that Khalid was demanding money from deceased Jamil. Deceased Jamil had also disclosed to Shabnam that he was frightened of Khalid and accused Nos. 1 and 2 as he was carrying cash amount with him. According to Shabnam, she had overheard the voices of the accused while she was talking to deceased Jamil. On 1/6/2007, Shabnam received a telephone message from Lanja Police Station, informing her that deceased Jamil had been murdered and his dead body was found. On receipt of the said information, Shabnam along with brother of deceased Jamil came to Lanja and took the dead body to the native place at Saharanpur for performing the last rites. She has identified the mobile hand-sets and other articles belonging to deceased Jamil. According to her, Article 2 was the Reliance mobile and Article 15 was the Nokia mobile hand-sets. Article No. 3 was the wrist watch of deceased Jamil. The other articles like HDFC Bank Card, Pancard and driving license are identified by her as Articles 5, 6 and 8. She has also identified the photographs. According to her, the first six photographs were of deceased Jamil, while the last photograph was of accused No. 1 --Motasim 6. Article No. 3 was the wrist watch of deceased Jamil. The other articles like HDFC Bank Card, Pancard and driving license are identified by her as Articles 5, 6 and 8. She has also identified the photographs. According to her, the first six photographs were of deceased Jamil, while the last photograph was of accused No. 1 --Motasim 6. In cross-examination, she has admitted that deceased Jamil did not have any direct business relations with accused No. 1. She has also admitted that accused No. 1 visited the house of deceased Jamil along with absconding accused Khalid Anwar. She has admitted that she had not mentioned that accused No. 1 had once come to the house of deceased accompanied by accused - Khalid Anwar. Omission is also elicited that she had not stated in her previous statement that deceased had accompanied the accused, carrying Rs. 1,50,000/- with him. Omission is elicited that she had not stated that deceased Jamil received a telephone call from accused Khalid Anwar from Bidar. Omission is elicited that she had not stated that deceased Jamil had carried Rs. 1,00,000/- while going to Bidar. Omission is elicited that she had not stated that she had received a telephone call from deceased Jamil who had expressed that he was frightened of the accused because he was carrying cash amount. She has admitted that she had seen accused No. 2 for the first time in the court. She has admitted that no Test Identification Parade had been conducted for identifying the accused No. 2. Omission is elicited that she had not stated in her previous statement that photograph of accused No. 2 was shown to her by deceased Jamil. 7. Prosecution has examined PW 11 - Sudarshan Goraksing, who was working as a Manager in one Prince Lodge at Bidar in Karnataka. He has deposed that along with him there was one person by name Mohammad Afsar Pasha, who was also working as a Manager. He has identified the photograph of deceased as one of the customers, who had stayed in the Prince Lodge. He has identified articles 59 and 60 to be the bill books and the record books pertaining to the hotel which were seized by the police on 27/6/2007. He further deposes that deceased used to stay at the hotel very often and sometimes for 6 to 7 days. He has identified articles 59 and 60 to be the bill books and the record books pertaining to the hotel which were seized by the police on 27/6/2007. He further deposes that deceased used to stay at the hotel very often and sometimes for 6 to 7 days. The deceased sometimes used to be accompanied by 4 to 5 other persons. He has identified the photograph of the accused as the persons who had stayed with the deceased in the Lodge. He has further deposed that the deceased used to pay the hotel bill. After referring to Article 60, a bill book and specifically to counter foil Bill No. 5667, a bill for Room No. 111. According to him, the said room was occupied by 2 + 1 persons from 22/5/2007 till 30/5/2007. He has identified his signature on the seizure memo of the documents at Exh. 46. 8. In cross-examination, he has admitted that there are 19 rooms in the Prince Lodge. He has admitted that he could not state as to who were the persons who had occupied Room No. 111 on 22/5/2007. He has also admitted as correct that the bill at Exh. 45 does not refer to the charges for 2+1 customers. He has admitted that there was nothing on record to show that total five persons had stayed in Room No. 111. He has then admitted that no Test Identification Parade was conducted regarding the accused. He has admitted that the accused were not of his acquaintance but were strangers. He has admitted that after May, 2007, the accused did not stay in the hotel and he had no occasion to see them thereafter. In further cross-examination, he has admitted that he could not state as to who had made entries in the Register of visitors of Room No. 111 on 22/5/2007 unless he sees the entries. 9. Prosecution has examined PW 12 - Anwar Makandar, earlier owner of Bajaj Scooter bearing Registration No. MH-10-R-9472. According to PW 12 -Anwar, he had purchased the said scooter in the year 2006 and after using the scooter for about 2 to 3 months, he sold it to one Yunus Malik of his village. The transfer papers, however, were not executed and the ownership continued to remain with PW 12 -Anwar. According to PW 12 -Anwar, he had purchased the said scooter in the year 2006 and after using the scooter for about 2 to 3 months, he sold it to one Yunus Malik of his village. The transfer papers, however, were not executed and the ownership continued to remain with PW 12 -Anwar. Said Yunus Malik thereafter sold the said scooter to a third person but he does not know the name of the person to whom it was sold. This witness was declared hostile and was cross-examined. He has denied to have stated that the said scooter was sold to accused No. 2 - Noormohmmad Malik. He has, however, admitted as true that Yunus Malik had informed him to directly transfer the scooter in the R.T.O. record in the name of Noormohmmad Malik. Since Yunus Malik had left for his native place, the transfer could not be effected. He has admitted as correct that Yunus Malik had earlier introduced Noormohmmad to him. He has identified accused No. 2 to be the same Noormohmmad Malik. In cross-examination on behalf of the accused, he has admitted that he knew accused No. 2 -Noormohmmad Malik as he used to drive his scooter which had been sold to Yunus Malik. 10. Prosecution has examined PW 3 - Kailas, who had a shop in the name and style of "Hajare Lidhadhe and Sons" at Shiroli on the Puna- Bangalore Road near KMT Petrol Pump. According to him in the afternoon of 31/5/2007 at about 1 to 2 p.m. three persons arrived at his shop on one scooter. They wanted to purchase one tyre tube for said scooter and PW 3 - Kailas accordingly sold them tyre and tube for Rs. 475/-. Those persons paid him the charges of the tyre and tube. He has identified the scooter to be the scooter on which the said persons had come. According to him, he had prepared the bill, but the said persons did not collect it and therefore the bill remained with him. He has identified the accused to be same persons who had come on the scooter. In cross-examination, he has admitted that he was not acquainted with the accused and they were strangers to him. He has admitted that he had not participated in the Test Identification Parade for the identification of the accused. 11. He has identified the accused to be same persons who had come on the scooter. In cross-examination, he has admitted that he was not acquainted with the accused and they were strangers to him. He has admitted that he had not participated in the Test Identification Parade for the identification of the accused. 11. Prosecution has examined PW 1 -- Sharif, who was a mechanic, removing punctures in the tyres. According to him on 31/5/2007 at about 1.30 p.m. three persons had come to his shop on a scooter. He has identified the two persons to be accused Nos. 1 and 2. One of the accused inquired with him as to who was available for work of changing tyre tube of the scooter. The accused had brought a new tyre and tube with them. PW 1 - Sharif noticed that the rear tyre of the scooter was flat and, therefore, replaced the old tyre with the new tyre and tube. According to him the three person had inquired the charges for changing of the tyre and tube, which was informed by PW 1 - Sharif as Rs. 20/-. Accused No. 2 objected on the ground that the charges were exorbitant. The third person who had accompanied the accused paid Rs. 20/-. In cross-examination, he has admitted that his statement was recorded by the police after 20 to 25 days of 31/5/2007. 12. Prosecution has also examined PW 18 - Sunil, who claims that he was working as an agricultural labour in the field of one Dinkar Chougule. On 31/5/2007 in the afternoon three persons had come near the house of his employer on one scooter and had asked for petrol. PW 18 - Sunil informed them that he did not have petrol as there was no petrol pump nearby. On their insistence, PW 18 -Sunil drained about one liter of petrol from the motorcycle of his employer and given the said petrol to the said persons. Those persons poured the petrol in the petrol tank of their scooter and went away towards Ratnagiri side. He has identified the photograph, Article 61 of the deceased. He has also identified the appellants to be the persons who had come on the scooter. 13. In cross-examination, he has admitted that he could not tell the registration number of the scooter on which the accused and deceased had come on 31/5/2007. He has identified the photograph, Article 61 of the deceased. He has also identified the appellants to be the persons who had come on the scooter. 13. In cross-examination, he has admitted that he could not tell the registration number of the scooter on which the accused and deceased had come on 31/5/2007. According to him the said three persons were present for about 30 to 45 minutes. An omission has been elicited in his cross-examination that he had not stated about giving one liter of petrol. The omission is only in respect of the quantity of the petrol. He has denied to have stated that he had given them two liters of petrol. 14. Prosecution has examined PW 4 - Anis Jafar Waghu. According to PW 4 - Anis on 31/5/2007 at about 6.30 p.m. he had gone to visit his friend Mangesh at Waghangaon. After sometime he and his friend Mangesh started returning back to Bhambed on his motorcycle bearing registration No. MH-08-N-586. The motorcycle was being driven by PW 4 -Anis, while Mangesh was sitting on the pillion. On their way near Sutarwadi, they noticed one person was observing something by bending by the side of the road. PW 4 -Anis proceeded ahead towards Sutarwadi. According to Anis when that person was bending, he had noticed one Bajaj Scooter. When they had reached Sutarwadi, he noticed the scooter seen by him earlier proceeding in speed towards Bhambed. Anis, however, did not notice as to how many persons were travelling on the scooter as it was dark. From Sutarwadi, Anis and Mangesh again came back to his house at Bhambed and noticed the scooter was proceeding towards Waghangaon. Suspecting some foul play, Anis and Mangesh again returned back to the earlier place and found that nobody was there. At this stage, the prosecution sought permission to put leading questions to PW 4 - Anis. He has denied the suggestion that he had noticed a white coloured scooter parked on the road and two unknown persons assaulting someone. According to him he noticed such assault in the light of his motorcycle and out of fear, he and Mangesh proceeded further. He has admitted as true that when the said scooter again came back from Bhambed side and crossed them. According to him he noticed such assault in the light of his motorcycle and out of fear, he and Mangesh proceeded further. He has admitted as true that when the said scooter again came back from Bhambed side and crossed them. They were on the Dabhole Watul Road and he had seen that two persons were ridding a scooter and, therefore, Anis chased them. He has also admitted as correct that when they reached near the original spot prior to Sutarwadi and, with the help of the flash light, noticed the dead body of one unknown person lying by the side of the road in a gutter. He has admitted that on seeing the dead body, he suspected some foul play. He has admitted as correct that he had telephoned his uncle Akbar Malim and informed him regarding two persons coming towards Vilavade side and also requested him to accost them. He has further admitted as correct that when he reached the house of his maternal uncle Umar Malim, he noticed one scooter bearing registration No. MH-10-R-9472 parked there and two unknown persons were detained. He has identified the appellants to be same persons who had been detained. He has admitted that after sometime the police arrived at the house of his uncle Umar Malim and took away the accused with them. Though he has cross-examined, nothing of substance has been elicited in his cross-examination which would affect his credibility. 15. Prosecution has examined PW 5 - Mangesh, who had accompanied PW 4 - Anis. Mangesh deposes that on 31/5/2007 in the evening he was present at his house at Waghangaon and at about 6.30 p.m. his friend Anis came to his house. He had come to his house on a motorcycle. After about 10 to 15 minutes both of them started to go to Bhambed on motorcycle. Mangesh was to go to Sutarwadi and at 7.15 p.m. they came near an area known as Payrichi Mori, just before Sutarwadi. In the headlight of the motorcycle, he noticed one person observing something by the side of the road by bending. He also noticed one two wheeler parked by the side of the road. According to Mangesh, they proceeded ahead and after sometime, he requested his friend PW 4 - Anis to take the motorcycle back to the same place as he suspected something abnormal. He also noticed one two wheeler parked by the side of the road. According to Mangesh, they proceeded ahead and after sometime, he requested his friend PW 4 - Anis to take the motorcycle back to the same place as he suspected something abnormal. When they were returning back to the spot, they noticed one person lying in the gutter by the side of the road. The two wheeler was still there. Thereafter, they proceeded towards Sutarwadi and he informed his friends regarding the incident. Thereafter Mangesh and Anis again came back on the Dabhole-Watul Road and at that time noticed a two wheeler scooter proceeding towards Watul. PW 4 - Anis thereafter telephoned his maternal uncle and requested him to detain the persons proceeding on the two wheeler. After sometime PW 4 -Anis received a telephone call informing him that some persons had been detained by his motorcycle. At this stage, prosecution sought permission to put leading questions to this witness. He has denied the suggestion that he had seen two persons assaulting a third person. Though the prosecution cross-examined this witness, nothing of substance has been elicited in his cross-examination which would affect his credibility. 16. Prosecution has examined PW2 - Akbar, who deposes that PW 4 - Anis is his cousin who resides at Bhambed and runs a grocery shop. On 1/5/2007 at about 7.45 p.m. PW 4 - Anis telliphoned him on his cell phone and informed him about some incident. Anis informed Akbar that there was some foul play committed at Waghangaon village and it was concerning two persons assaulting another and that the assailants had left the spot and were proceeding towards Watul on a white coloured scooter. 17. On receiving the message, Akbar and his relatives kept watch on the Dabhole-Watul Road and noticed white scooter and stopped it. Two unknown persons were riding the said scooter and were asked to sit. One of the persons disclosed his name as Gade, while other person disclosed his name as Malik. PW 2 - Akbar has identified them to be the appellants. According to Akbar he had noticed that their clothes were soiled with mud and accused were sustained abrasion and there were blood stains on their clothes. PW 6 -Umar Malik, brother of PW 2 - Akbar, accordingly telephoned the Lanja Police Station and after about 1/2 an hour, the police arrived there. According to Akbar he had noticed that their clothes were soiled with mud and accused were sustained abrasion and there were blood stains on their clothes. PW 6 -Umar Malik, brother of PW 2 - Akbar, accordingly telephoned the Lanja Police Station and after about 1/2 an hour, the police arrived there. The police took both the accused to Waghangaon village. 18. In cross-examination, he has admitted that there are several villages when proceeding from Dabhole to Watul. Omission has been elicited that he had not stated in his previous statement about noticing the clothes of the accused to be soiled and blood stained. Omission is also elicited that he had not stated in his previous statement that the accused had sustained some abrasions. He has admitted that the Dabhole-Watul road has heavy vehicular traffic. He has admitted that the scooter, Article No. 1 was a gray-white coloured. He has admitted that the accused were strangers to him and he had seen the accused for the first time. He has admitted that he had not identified the accused in the Test Identification Parade. 19. The arrest panchanama at Exh. 28 discloses that about 20,700 rupees were found in the possession of the accused as well as one mobile. One wrist watch of Sigma Company was also found. One note book on which name of Khalid Ahmed Anwar was also written and certain accounts were written. One card of the HDFC Bank in the name of deceased Jamil Ahmed was found. One pan card in the name of deceased Jamil Ahmed was also found. The clothes of the accused were found to be soiled with mud and blood stains were also noticed. From the possession of accused No. 2 also currency note of Rs. 20,270/-, one mobile of Nokia Company and one key were found. The clothes of accused No. 2 also soiled with mud and were blood stained. The HDFC card, wrist watch and the pan card have been identified by PW 22 - Shabnam as the ones belonging to deceased Jamil. 20. Learned Counsel appointed for the appellants has urged before us that the evidence is extremely discrepant and the prosecution has not proved beyond reasonable doubt that the appellants had committed murder of deceased Jamil. Learned APP has supported the findings arrived at by the trial court. 21. 20. Learned Counsel appointed for the appellants has urged before us that the evidence is extremely discrepant and the prosecution has not proved beyond reasonable doubt that the appellants had committed murder of deceased Jamil. Learned APP has supported the findings arrived at by the trial court. 21. The evidence of the prosecution witnesses establishes that accused No. 1 had gone to the house of deceased Jamil in respect of a business proposition along with the absconding accused Khalid Anwar. The evidence further discloses that deceased Jamil had gone to Bidar and had stayed in the Lodge. The evidence of the prosecution then reveals that deceased and the appellants had travelled on the scooter. They had purchased a tyer and tube and had replaced the existing tyer and tube. Thereafter, they halted and borrowed petrol from PW 18 - Sunil. The evidence further indicates that the appellants were seen near the dead body. PW 18 - Sunil has identified the deceased to be the same person who was travelling with the appellants on the scooter. The dead body of deceased was found and particularly one of the accused was seen bending near the dead body. Apart from this, the articles belonging to deceased and which have been identified by PW 22 - Shabnam were found in the possession of the appellants when they were arrested by the police. The appellants had been detained by PW 2 - Akbar and PW 6 - Umar. The clothes of the appellants were found to be soiled with mud and blood stains were also noticed on their clothes. Thus, the chain of circumstances in so far as the appellants are concerned, is complete. Deceased was in their custody and was travelling with them and thereafter the dead body of deceased was seen lying by the side of the road. Just before the discovery of the dead body of deceased, the accused were seen bending at the same place where the dead body was found. Articles belonging to deceased and identified by PW 22 - Shabnam were found in the possession of the accused. The inescapable conclusion, therefore, is that it is the appellants and the appellants alone who have committed the crime. Deceased was carrying large amount of money with him and had also expressed his fear to his wife PW 22 - Shabnam. Articles belonging to deceased and identified by PW 22 - Shabnam were found in the possession of the accused. The inescapable conclusion, therefore, is that it is the appellants and the appellants alone who have committed the crime. Deceased was carrying large amount of money with him and had also expressed his fear to his wife PW 22 - Shabnam. Thus, in our opinion, therefore, trial court has rightly convicted the appellants and the appeal filed by the appellants, being without merit, deserves to be dismissed. Accordingly, Criminal Appeal No. 419 of 2010 is dismissed, confirming the conviction and sentence of the appellants. Fees payable to the learned counsel appointed for the appellants quantified at Rs. 5000/-.