JUDGMENT

Arijit Pasayat, J.-On 27.12.1987 Subhash Warankar (hereinafter referred to as the deceased ) lost his life and Pundlik (PW-1) was seriously injured. Allegedly, the respondents were the assailants. The Additional Sessions Judge, Amravati found them guilty of offences punishable under Sections 302, 307, 147, 148, 452 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). Each was sentenced to undergo imprisonment for life and three years for the offences relatable with Section 302 read with Section 149 and Section 307 read with Section 149 IPC respectively. One person, namely, Mohan was tried along with the respondents. Since he died during the pendency of the trial the matter was abated so far as he is concerned.

2. Factual scenario according to the prosecution is as follows:

Relationship between Pundlik (PW-1) and respondent-accused No. 1 Kashirao was strained since a long time. Originally, Pundlik (PW-1) used to stay in a village Dhamori but he shifted his residence to another village along with family members about one year before the date of incident. On the date of incident when Gangadhar (PW-2), Jayawant (PW-5) and Charandas (PW-6) and the deceased w