judgment

S.B. SINHA, J. —

1.One Manilal Hiraman Chaudhari is before us being aggrieved by and dissatisfied with the judgment and order dated 17.10.2005 passed by a Division Bench of the High Court of Judicature at Bombay, Aurangabad Bench at Aurangabad.

Appellant herein along with Anil Shivram Pawar (Accused No.1), Premraj Hirman Chaudhary (Accused No. 3) and Bapu @ Gangaram Shantaram Salunkhe (Accused No.4) were tried for committing the murder of one Bhaulal Jadhav. Bhaulal Jadhav was an accused in a case of murder of the father of the appellant and accused No. 3. Allegedly, when cremation of Hiraman was taking place, the appellant took a vow to take revenge of murder of his father. Bhaulal (deceased) on or about 13.02.1991 at about 11.00 a.m. was going to Jalgaon on a motorcycle. He was accompanied by Lotu Eko Patil (PW-4). When they were at distance of about 3 k.m. from Jalgaon, the accused persons who were in a Maruti van parked the vehicle by the side of road got down. The motorcycle was stopped by Accused Nos. 2, 3 and 4. Premraj (Accused No. 3) is said to have caught hold Bhaulal and Manilal (Accused No.2) and Gangaram (Accused No. 4) inflicted stab injuries with knives. An a