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 wi