JUDGMENT

Mukherjee, J.-These two appeals, filed under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, are directed against the judgment and order dated August 16, 1991 of the Bombay High Court in Criminal Appeal No. 294 of 1996 whereby it set aside the acquittal of Rajya @ Raju (hereinafter referred to as A-1 ) and Raju @ Rajendra (hereinafter referred to as A-2 ) of the charge under Section 302/34 I.P.C. recorded in their favour by the Sessions Judge, Wardha and convicted and sentenced them thereunder.

Briefly stated the prosecution case is as under :

(a) On March 14, 1985 at or about 6 P.M. A-1 and A-2 went to the house of Ramkrishna (the deceased), who lived in their neighbourhood, and took into him to the house of Ganesh (P.W.3) where all of them consumed liquor. Thereafter they proceeded towards Ramnagar along the Rashtrabhasha Road. When they reached the Ganesh temple situated on that road A-1 and A-2 started beating Ramkrishna: the former with a hockey stick and the latter with a stone. When, owing to such beating he fell down they took him behind the house of one Timande in a rickshaw and dumped him there. In the m