Judgment

P. Venkatarama Reddi, J.—Four persons including the two appellants herein faced the charges under Sections 302/34, 307/34 and Section 326 IPC and also under Section 25(1)(b) and Section 30 of the Arms Act for the fatal assault with deadly weapons on the two deceased persons namely Bajirao and Krishna (also referred to as ‘Kishan’ by some witnesses) on the forenoon of 18.8.1984 in the village of Walkewadi. On trial, the Additional Sessions Judge, Kolhapur convicted accused Nos. 1 to 4 under Section 302 read with Section 34. Accused Nos. 1 & 2 were alternatively convicted under Section 302 IPC individually. Accused Nos. 1 & 2 were also convicted for the offence under Section 25(1)(b) and Section 30 of the Arms Act respectively. A4 was also convicted under Section 324 IPC. Accused Nos. 1 to 4 were, however, acquitted of the offence under Section 307 IPC. All the accused were sentenced to life imprisonment.

2. On appeal, the High Court acquitted the accused Nos. 1 to 4 for the offences under Section 302 read with Section 34 and the High Court convicted the appellant No.2 (A-3) – Tanaji Shamrao Valake under Section 302 IPC and the appellant No.1 (A-1) – Dattu Shamrao Valake under