JUDGMENT

B.P. SINGH & H.S. BEDI, JJ.

1. In this appeal under Section 2{a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Criminal Procedure Code the appellants Mahadeo and Raju have impugned the judgment and order of the High Court of Judicature at Bombay dated April 6 and 7 of 2005 in Criminal Appeal No. 279 of 1995 the appeal filed by the State against their acquittal. The Trial Court, on a consideration of the evidence on record, passed an order of acquittal in favour of all the four accused before it. The High Court by its impugned judgment and order, while upholding the acquittal of two other accused namely Basu and Sidhu, recorded an order of conviction against the appellants herein under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to suffer further imprisonment for a period of three months.

2. At the threshold we may notice that all the four accused including the two appellants herein are brothers. The deceased Bhimashankar Madolappa Kapse was the brother of Kashappa Kapse (PW-5) who is the informant in this