JUDGMENT

S.B. Sinha, J.—The sole appellant herein was prosecuted for commission of offences with five others under Sections 147, 148, 302 read with Section 149, 323, 324 and 149 of the Indian Penal Code.

2. Shamrao, father of the Appellant, was accused no. 1. The accused nos. 3 and 4 Ganpati and Tanaji were his brothers whereas accused no. 5 Vijay Dattatray Salunke was his nephew. The accused no. 6 Vijay Gangaram Patel was a close family friend.

3. By reason of its judgment dated 08.11. 1989 the learned trial Judge while convicting the Appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 10,000/- or in default thereof to undergo rigorous imprisonment for three years, and the accused nos. 1 and 4 under Section 324 of the IPC; acquitted the others of all charges. The High Court in the appeals preferred by the appellant therein affirmed the judgment passed by the learned trial Court but modified the sentence in respect of accused nos. 1 and 4 to the period already undergone.

4. This appeal was admitted on a limited question, i.e., as regard nature of offence.

5. Before adverting to the contentions raised in the appeal we may notic