judgment

S.B. SINHA, J. —

1.Shivaji Patil, brother of the complainant Sarjerao Patil (PW-13) and one Baburao Patil were residents of Phulewadi situate in the District Kolhapur, State of Maharashtra.

There were two groups in the village; one belonging to Sarjerao Patil and the other known as Mahipati Shankarrao Bondre (Accused No. 4) group. Brother of the Accused No. 4 was an M.L.A. He was also a former Minister. In a municipal election which took place between the first informant and one Nagoji Patil, Sarjerao Patil was elected. Bitterness between the two groups came to such a pass that the brother of one Bindu More (Accused No. 9) was murdered. Accused No. 4 Mahipati Shankarrao Bondre was the first informant in that case. There was bad blood between the two groups. In the murder case of the brother of Accused No. 9, the deceased Shivaji was granted bail. The accused allegedly intended to take revenge thereof.

2. On the fateful day, viz., at about 10 Oclock on 21.10.1993, PW-11 Subhash Pandurang Kalke was taking his cart to bring grass from the land of one Rajaram Patil. On his way, he met his friend PW-12 Sanjay Laxman Belgaonkar. PW-11 asked PW-12 to accompany him. He promised to co