JUDGMENT

Santosh Hegde, J.-The case of the prosecution against the appellants herein is that in view of some old enmity entertained by the appellants they along with another minor accused formed themselves into an unlawful assembly and waylaid one Samant Naran on 11th November; 1982 when the said person along with his daughter-in-law Bai Raji (PW-4) was going to Dwarka to consult a doctor in regard to the ailment of said PW-4. It is the prosecution case that all the accused attacked the deceased with axe and sticks consequent to which said Samant Naran suffered multiple bleeding injuries and fell down. The efforts of PW-4 to save her father-in -law went in vain and after the attack it is stated that all the accused persons ran away from the place of incident. PW-4 who shouted for help could only attract the attention of the father-in-law s brother by name Malde (PW-5) who happened to pass that way. The said PW-5 on hearing the cries of PW-4 came to the place of incident and noticing the condition of his brother went to his Wadi and brought a bullock cart in which with the help of PW-4 he put the injured Samant Naran and brought him to the village of the injured. It is the prosecutio