- (1.)SINCE both the appeal* arise from the judgment and order dated 24th April, 19092 passed by the Additional Sessions* Judge, Pune, in Sessions case No. 445 of 1989$ and as they involve common questions of facts and law, they were heard together and are being disposed of by this common judgment.
(2.)BY the impugned judgment, the learned additional Sessions Judge, Pune, has convicted the appellants for the offences punishable under sections 362 read with 34 and Section 324 read with 34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000. 00 each, and in default to undergo rigorous imprisonment for two years on both counts. Nine other accused, who ware prosecuted along with the appellants herein, were acquitted for want of evidence against them. During the tendency of the appeals, Shri Raghunath abaji Ambekar, the appellant No. 2 in Criminal appeal No. 243 of 1992 and who was the accused No. 13 in the Sessions Case No. 445 of 1989 expired on 1st july, 1996. Consequently, the present Criminal appear No. 243 of 1992 is by Kailash Raghunath ambekar, the original accused No. 8, whereas the criminal Appeal No. 246 of 1992 is by Kailash Dagadu modak and Gulab Bhiva Modak, the appellant Nos. 1 and 2, respectively, who were the accused Nos. 1 and 2; respectively, in Sessions Case No. 445 of 1989.
(3.)THIRTEEN persons including the appellants herein were accused of forming an unlawful assembly armed with deadly weapon like axe, of having committed the murder of one Sadashiv mahadeo Ambekar and assaulting Dasharath Bhagji ambekar (P. M. 2), on 20th April, 1989 at about 3. 30 p. m. in front of the house of late Raghunath Abaji ambekar, accused No. 13, at Khadakmal Vasti, within the limits of Vadaki, Loni-Kalbhor, Taluka -Haveli, District - Pune. It was alleged that, on the relevant date, time and place, all the accused, either individually or in furtherance of their common intention committed murder, intentionally or knowingly causing the death of Sadashiv Mahadeo ambekar and voluntarily caused hurt to Dasharath bhagji Ambekar (P. W. 2 ).