JUDGMENT:

Lokeshwar Singh Panta, J.

1. The appellants Shantabai (A-1), Sajan (A-2) and Govind (A-3) have filed this appeal against the judgment and order dated 27.06.2005 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No.58 of 1995 confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code [for short "the IPC"] and a fine of Rs. 2,000/- each with default clause to undergo R.I. for six months awarded by the learned Additional Sessions Judge, Biloli, in Sessions Case No. 160/1993.

2. In all five accused persons were tried by the learned Additional Sessions Judge, Biloli, under Sections 147, 148 and 302, IPC, read with Section 149, IPC. A-1, A-2 and A-3 were found guilty of the murder of Gunwant Nivrati Dhumale, while Venkar (A-4) and Anshabai (A-5) were acquitted of the charges framed against them.

3. Briefly stated, the case of the prosecution against the accused persons was that A-1, A-2 and A-3 are residents of village Loni and A-4 and A-5 are residents of village Shilvani. A-1 is the wife of A-2 and A-3 is their son. A-5 is daughter of A-1 and A-2 and A-4 is the husband of A-5. Gunwant Nivrati Dhumale was the brother of complainant Tanaji Nivrati Dhumale. Gunwant Nivrati Dhumale had been living with his brothers, namely, Tanaji (PW-1); Shivaji; his parents; his wife Mathurabai (PW-4), and two daughters and one son. The prosecution alleged that Gunwant had illicit relations with A-1 since last so many years and this fact was known to all the village people. Gunwant occasionally used to reside in the house of A-1, A-2 and A-3. A-1 requested Gunwant to stop visiting her house because her daughter (A-5) has now been married to Venkar (A-4) and her son (A-3) has also become major, but Gunwant continued to visit the house of A-1.

4. On the day of the incident, i.e. on 14.08.1993, Gunwant left his house in the morning and did not return till late evening. Mathurabai (PW-4), wife of Gunwant, informed her parents-in-law about this fact. They asked PW-1 to make search for Gunwant. PW-1 made inquiry about his brothers whereabouts from Namdev (PW-5) at about 6.00 p.m., who at the relevant time was working as a servant in Flour Mill near the bus stand. PW-5 informed PW-1 that he saw A-1, A-2 and A-3 along with A-5 hurriedly going towards the Bus Stand. Thereafter, PW-1 and some other village people went to the house of A-1. They found the doors of the house lying open and the house was empty. They noticed the dead body of Gunwant lying just in the compound of the house of A-1, A-2 and A-3. On visual examination of the dead body of Gunwant, PW-1 and other village people noticed head injury and many other injuries on various parts of his body. On 15.08.1993, PW-1 lodged the report on the basis of which first information report (Ext.38) was registered by the Police Head Constable, Ganesh (PW-10) naming A-1, A-2, A-3, A-4 and A-5, as culprits for the murder of Gunwant.

5. The Head Constable (PW-10), on the next day of occurrence, went to the spot of the incident and collected stones, axe and soil, etc. from the spot vide Spot Panchnama (Ext.44). He also prepared inquest report of dead body of Gunwant (Ext.43). The dead body of Gunwant was sent for post mortem examination to Primary Health Centre, Hanegaon. PW-2, Dr. Hanumant, conducted autopsy on the dead body of Gunwant. He noticed about 13 injuries on his dead body. All the injuries were ante-mortem. The post mortem report placed on record is marked as Ext.41. In the opinion of the Doctor, the death of Gunwant occurred because of shock due to cardio respiratory failure, caused by injury to brain and brain hemorrhage. PW-10 seized the blood-stained clothes of the deceased. He handed over further investigation to PSI Mirza Rahematulla Baig (PW-11). PW-11 recorded supplementary statements of PW-1 and other witnesses. H