(1.) These appeals are filed by the accused who have been convicted and sentenced for life imprisonment under section 302/34 I. P. C. and to pay a fine of Rs. 5000/- each, in default to undergo imprisonment for six months, by judgment dated 26/28-11-2005 of the learned additional Sessions Judge, Margao in Sessions Case No. 18 of 2004.
(2.) There is no dispute that A-2/ Rajesh is the brother-in-law of A-1 /ramanand and the latter was the proprietor of Vidya Marketing agency situated at Anand Bhavan building, Station Road, Margao. This building has ground and three floors. The deceased Raj Kumar Soni, aged 23 was an ex-employee of A-1/ramanand and his dead body was found in the office of the said Vidya Marketing Agency which is situated on the second floor of the said building where there were no other offices except one which was closed. On the ground floor there was Shahi Darbar Hotel run by pw 18/ Mohammad Bawa and on the third floor there were no offices or shops but only a godown. On the first floor, there were some offices. The staircase to go on the upper floors was a separate staircase, but adjacent to the said hotel.
(3.) The accused were charged and tried with the allegation that on 17-3-2004 at about 18. 30 hours at the said agency office of A-1/ramanand both the accused in furtherance of their common intention assaulted the deceased Raj Kumar Soni and a-1/ramanand stabbed the deceased with a knife (M. 0. 18) thereby causing his instantaneous death, the motive being a dispute over money transaction.