- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment passed by a Division Bench of Bombay High Court, dismissing the appeal filed by the appellants who were convicted by learned Additional Sessions Judge, Satara, for offences punishable under Sections 302, 307, 452 read with Section 34 of the Indian Penal Code, 1860 (in short "IPC"). For the first two offences each was sentenced to undergo imprisonment for life and to pay a fine with default stipulation. For the offence relatable to Section 452 IPC, each was sentenced to undergo imprisonment for one year and to pay a fine with default stipulation.
(3.) Prosecution case which led to the trial of the appellants was as follows: There was family feud between the family of the accused and the family of the complainant who were close relations. Suits are filed and suits were pending. On 10.10.1996, around 12.00 p.m. Dattatraya one of the injured persons was assaulted by the accused persons and on being stopped by mother-in-law of Dattatraya accused ran away. Thereafter Tanaji (hereinafter referred to as deceased) came home and took Dattatraya by rickshaw towards hospital. They were accosted at Gandhi Chowk by accused persons who broke the glass of rickshaw, turned down the rickshaw, pulled out the victims and assaulted them. This assault was witnessed by Jayashri, wife of Tanaji. She, therefore, filed a complaint before the police. Investigation was started and on completion of investigation, the accused persons were charged of having committed murder of the deceased Tanaji and grievous hurt to Dattatraya.;