JUDGMENT

MARKANDEY KATJU, J.—

1.These two connected appeals (Criminal Appeal No. 708/2005 and Criminal Appeal No.832/2005) have been filed against the common judgment and final order dated 2.3.2005 and 3.3.2005 passed by the Bombay High Court in Criminal Appeal Nos. 99/2001 and 609/2000.

2.Heard learned counsel for the parties and perused the record.

3.Criminal Appeal No. 708/2005 has been filed by accused No.2 Rajendra Chikane and accused No.3 Shashikant Chikane, whereas, Criminal Appeal No. 832/2005 has been filed by accused No.1 Sharad Chikane in Sessions Case No. 250/1999.

4.The Additional Sessions Judge, Solapur in Sessions Case No.250/1999 had acquitted accused No.2 and 3 of the offence under Section 302/34 IPC, but had convicted accused No.1 Sharad Chikane under Section 302 IPC and sentenced him to life imprisonment as well as fine.

5.Against the said judgment of the trial court, accused No.1 Sharad Chikane, filed an appeal in the High Court which was dismissed, whereas, the appeal filed by the State of Maharashtra against acquittal of accused No. 2 and 3, was allowed and both the accused were convicted under Section 302/34 IPC and sentenced to life imprisonment along with fine.

6.